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Federal Circuit Decision Settles GAO/COFC Split on Agency’s Use of Cooperative Agreements

In March, the Federal Circuit settled a split between the Government Accountability Office (“GAO”) and the Court of Federal Claims that focused on the gray area between cooperative agreements and procurement contracts. Siding...more

Under Construction - December 2013

Welcome to our final issue of Under Construction in 2013. We hope your year has been filled with health, happiness, peace and prosperity. We thank you for your readership, and we continue to appreciate the opportunities we...more

Alabama Tax Developments: 2013 Year in Review

Our final Alabama SALT Alert of 2013 summarizes the major legislative, judicial, and administrative developments affecting Alabama taxpayers with respect to income, transactional, and property taxes so far this year. The 2013...more

Do Construction Managers Need to be Licensed? A Case of Blurred Lines

Robin Thicke’s song Blurred Lines (or, perhaps, more accurately, its music video of models who appear to have forgotten to get dressed) seems to be this Summer’s anthem. Number 1 on the billboard charts, fodder for...more

California’s Prompt Payment Laws – Would You Like That With Non-Fat, Soy, Foam, No Foam . . . ?

California’s prompt payment laws are scattered throughout the state’s Business and Professions Code, Public Contracts Code and Civil Code, and their applicability varies depending on the type of project, the type of payment,...more

Southern District Of New York Judge Dismisses False Claims Counts, Allows FIRREA Claims To Proceed In Major Mortgage Fraud Case

On May 8, the U.S. District Court for the Southern District of New York dismissed claims for damages and civil penalties under the False Claims Act (FCA) brought by the federal government against a mortgage lender alleged to...more

Federal Government Civil Fraud Suit Targets Mortgage Lender And Its President

On April 4, the U.S. Attorney for the Southern District of New York and HUD officials announced a civil fraud suit alleging FCA and FIRREA claims against a mortgage lender and its president for falsely certifying loans and...more

Design & Construction Practice: 2012 Year in Review

It was another memorable year for the construction industry in Massachusetts. As the economic recovery continued to take hold, commercial construction market activity continued to stabilize and public projects remained a...more

A Federal Court's Lifeline to the Servicing Industry: No Physical Pain, no Negligent Servicing Claim

Keith Andress, Natalie Bolling and Stephen Pudner of Baker Donelson's Birmingham office were recently successful in having a mortgagor's claims seeking punitive damages against a major mortgage servicing company dismissed...more

Legal Byte: Busted! if you “approve as to form & content?”

After negotiating an agreement for his client John, Attorney signs the agreement at the end stating that the agreement is “approved as to form and content.” A dispute arises between John and the other party, Mike. Now Mike...more

Changes to North Carolina Lien and Bond Law – What You Need to Know

A number of significant changes to North Carolina’s lien and bond statutes were just signed into law. In part, these changes are in reaction to concerns from the title insurance industry about so-called “hidden” liens, the...more

Tennessee Legislature Amends Retainage Laws

Recent amendments to the retainage statutes, which take effect July 1, 2012, enhance the penalties for failing to properly withhold, deposit and release retainage on Tennessee projects. The changes also include new...more

How To File A Claim Against a Washington Contractor's Bond

This is an easy "How To" on filing a claim against a Washington contractor's bond. Washington contractors are obligated to register with the State Department of Labor & Industries and maintain a statutory bond (RCW...more

What You Need to Know about HUB for NC State construction projects

The NC Office of Historically Underutilized Businesses (HUB) plays an important role in state construction projects....more

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