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Government Claims Against Contractors and Developers Subject to Statute of Repose Filing Deadlines, Arizona Court of Appeals Rules

In a matter of first impression, the Arizona Court of Appeals recently ruled that government claims against contractors and developers are subject to the time limits set forth in the Construction Statute of Repose. The...more

Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party...more

Weekly Update Newsletter - May 2016 #2

LABOR AND EMPLOYMENT - Overtime Final Rule - The Department of Labor issued its final overtime rule which updates the salary level required for the executive, administrative, and professional (“white collar”)...more

Construction Subcontractor Settles FCA Allegations for $2.8 Million

A recent settlement illustrates the broad reach of the FCA and the substantial liability that “mere retention” of an overpayment can impose on contractors several steps removed from a government contract. The dispute...more

The New Italian Public Procurement Code

The Italian Council of Ministers approved a new Legislative Decree reforming the Italian Public Procurement regulation, implementing Directives 2014/23/EU, 2014/24/EU and 2014/24/EU. On April 18, 2016, the Italian...more

Construction Law Group News: General Contractor's false certifications bar it from any recovery from Owner

In a case of first impression, a Massachusetts Superior Court judge recently ruled that a general contractor, G4S ("the General"), could not recover any of its over $14M claim against a public owner MTPC ("the Owner") because...more

El condado de Miami-Dade avanza con la reforma de P3 después de que Florida aprueba una nueva legislación sobre P3

Después de meses en varios comités del Senado y la Cámara de Florida, la Legislatura del estado finalmente aprobó dos proyectos de ley relacionados que fueron firmados por el Gobernador a fines de abril. Lo que es importante...more

Public contracting requirements: Not just for ‘traditional’ government contractors

Federal and state laws contain many construction-related requirements that are routine for traditional government contracts and contractors. Not routine, however, are applications of these requirements outside the realm of...more

California’s Prompt Payment Laws: Just Because an Owner Has Changed Course Doesn’t Mean It’s Changed Course on Previous Payments

We’ve written before about California’s prompt payment laws which are designed to help contractors get paid in a timely and orderly fashion, which is always nice, right?...more

Can Active Interference by Owner Invalidate A No Damages for Delay Clause? Sometimes.

In C and H Electric, Inc. v. Town of Bethel, 312 Conn. 843 (2014), the Connecticut Supreme Court held that a Contractor’s claims against a Town for delay damages could not overcome the “no damages for delay” clause because...more

Burn Notice: Why Strict Compliance with Notice Requirements is Critical

Compliance with notice provisions in contracts is often a threshold question for courts when evaluating contract claims. In Contractors Edge, Inc. v. City of Mankato, the Minnesota Court of Appeals addressed such a...more

JAMS Global Construction Solutions Newsletter, Spring 2016

Spearin Lite? The Limited Implied Warranty in a Construction Management at Risk Project - We are all familiar with the Spearin doctrine: In the classic design-bid-build project delivery system, an owner furnishes...more

Federal False Claims Act (FCA) Actual Damages for Non-Compliant Goods or Services That Cannot Be Remedied

The Federal False Claims Act, 31 U.S.C. § 3279 ("FCA"), penalizes contractors for, among other false claims, presenting a claim for payment to the Federal Government for goods or services that were not performed. A...more

Competition law and joint bidding: dos and don'ts for the construction industry

It is not unusual for construction firms and other companies to form a consortium bid (or joint bid) for a building or infrastructure project. Whilst competition law clearly prohibits collusion involving price fixing, market...more

Do's and Dont's for Teaming Agreements & Subcontracts for 8(a) Contracts

Overview - - Teaming Agreements & Subcontracts - What are they? - What provisions should you include? - What are the key considerations for primes? - What are the key considerations for...more

Procurement Pulse - March 2016

The final implementation date for the three new EU procurement directives is 18 April 2016 - so things are hotting up in terms of getting to grips with new legislation. Cabinet Office has reviewed the responses to its...more

A New Color to be Added to Mid-Atlantic Transit: the Maryland Purple Line

On March 2, Governor Larry Hogan and Maryland Department of Transportation (MDOT) Secretary Pete Rahn “greenlighted” procurement of the Purple Line by MDOT and the Maryland Transit Administration (MTA). The contract has been...more

Middle East Privatisation – Saudi Arabia Par Excellence?

Saudi Arabia’s recently announced plans to privatise several key industries in the Kingdom has once again brought the Kingdom’s privatisation agenda back into the spotlight. The announcements form part of the countries...more

California Court of Appeals Says, “We Like Eich(leay)!”

Time is money. And nowhere can than be best observed than on a construction project. Project delays can mean lost profits for owners, liquidated damages for general contractors, and increased material, labor, field...more

Construction news round-up

Our construction news round-up covers a range of regulatory, industry and contractual issues that affect UK construction businesses....more

Transposition of the Concession Directive in France

France transposed the European directive 2014/23/EU of the European Parliament and of the Council dated 26 February 2014 on the award of concession contracts (the “Concession Directive”) through the “ordonnance n° 2016-65”...more

Miller Time: Where to File a Miller Act Suit Arising on an Overseas Project?

Subcontractors filing Miller Act lawsuits in the U.S. must generally do so in the federal district court where the contract from which the dispute arose was “performed and executed.” 40 USC §§ 3131-3134 However, on...more

Government Contracts Review, Alston & Bird LLP, January 2016

IN THIS EDITION: THE GOVCON FILES - It’s Good to Be King: The Curious Case of United States v. JAAAT Technical Services PROTEST DECISIONS - GAO Clarifies Discussions and Discusses clarifications...more

One belt one road - China's new outbound trade initiative

China’s 'One belt one road' initiative was first introduced by President Xi Jinping during his visits to Central and Southeast Asia in September and October 2013. With the dawn of 2016, it is appropriate time to take stock...more

Dubai Embraces PPP … Again

THE BACKGROUND - PPPs in the UAE or the wider GCC are not new. They have historically been undertaken under project-specific legislation or approvals. Mubadala Development Company initiated PPPs in the UAE with UAE...more

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