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Texas Court of Appeals Holds That Owner’s Change to Contractor’s Means and Methods Resulted in a “Breach,” Instead of a “Change”...

Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 2016 Tex. App. LEXIS 13306 (Tex. App. Houston 14th Dist. Dec. 15, 2016) - This contract dispute dates back to 2004, when the Port of Houston Authority...more

Public Private Partnerships: Securing Payment for Labor and Materials

What happens to contractors and subcontractors who are without lien rights when a private developer is building on public land with private money? A recent court decision clarified the parties’ rights and obligations for...more

Avoiding disputes under PFI/PF2 contracts

With more PF2 projects ahead, there are lessons to be learnt from recent PFI disputes. In the Autumn Statement, the Chancellor of the Exchequer confirmed that "the government will develop a new pipeline of projects that...more

Significant Government Contract Litigation: A Year in Review

Last year provided a number of important claims and cases that further developed various aspects of litigation regarding the Contract Disputes Act (CDA). The major issues raised in some of the more notable claims include...more

New administration sets stage for shift in domestic preference requirements and enforcement activities

The presidential memoranda signed on January 24, 2017, by President Trump relating to the Keystone XL and Dakota Pipelines included a message of particular significance to the government contractor community: Buy American....more

New FAR Changes Incentivize Prime Contractors Not to Be Deadbeats in Meeting Their Payment Obligations to Their Small Business...

One common complaint we hear from our subcontractor clients is “HOW CAN WE GET PAID????” Our experience has shown that whether through inadvertence, lack of subcontract management resources – or even as a predatory business...more

Obama Trumped? Top Five Trump Targets Among Obama’s Executive Orders

The election of Donald Trump will significantly affect companies that contract with the federal government. Trump’s business background and campaign promises suggest many upcoming changes in the way the federal government...more

Reversal of Fortune: AB 219 is Back!

PREVAILING WAGE LAW is California's "other" minimum wage. It requires workers to be paid union wages on publicly funded construction projects. But in recent years, the law in California has EXPANDED well beyond its initial...more

Eighth Circuit Dismisses Interlocutory FCA Appeal for Lack of Jurisdiction

In this April 2016 decision, the Eighth Circuit held that it lacked jurisdiction to consider the appeal of a two-state agency seeking review of a denial of its motion for summary judgment. Below the two-state agency had...more

Legal Insight: Overview of PPP laws/frameworks in selected African jurisdictions

Uganda - In July 2014, Uganda joined the list of African countries that have implemented Public Private Partnership or “PPP” laws, by passing the Public Private Partnership Bill 2012 (Uganda PPP Law). As in many African...more

UK construction industry news: our contracts, industry and regulatory round-up

Our construction news round-up includes our pick of industry news from the last three or four months as well as a range of contractual and regulatory issues that affect UK construction businesses....more

Public Private Partnerships across the GCC – taking stock

Many long-term observers of the public private partnership (PPP) market in the GCC have developed a healthy degree of scepticism over the years. Too many false dawns have unsurprisingly led them to believe that the PPP model...more

Arbitration Clause Requiring Arbitrators to Render a Decision within 30 Days from Their Appointment? Superfast Decision?

Ever wonder about a superfast arbitration procedure in a contract that you have been given? An arbitration clause requiring an arbitration panel to issue a decision within 30 days of being selected for the panel was recently...more

Government Contracts Legislative and Regulatory Update - November 2016

We are pleased to send you the November edition of "Government Contracts Legislative and Regulatory Update," which offers a summary of the relevant changes that took place during the month of October. Highlights this month...more

The Construct - November 2016

In This Issue: - Election 2016: Where the Candidates Stand on Issues Affecting the Construction Industry: Here we are. The rollercoaster 2016 election ends tomorrow. Millions of Americans have voted already. Polls...more

District Court Refuses To Bind Surety To Subcontract Arbitration Clause

An engineering company was hired to perform work in connection with construction and renovation of the South African Embassy, and subcontracted for sheet metal work with a third party. The subcontract contained an arbitration...more

Third Circuit Deals Blow to Jersey City Ordinance Requiring PLAs on Privately Funded Projects in Exchange for Tax Abatements

Jersey City’s Municipal Code offers real estate developers generous tax exemptions that are designed to spur the City’s economic growth, but the tax incentives have strings attached. Specifically, to receive a tax exemption,...more

Supreme Court of Pennsylvania Holds That Under Prompt Payment Act, Imposition of Penalty and Attorneys’ Fees Is Discretionary, Not...

Scott Enters., Inc. v. City of Allentown, 2016 Pa. LEXIS 1503 (Pa. July 19, 2016) - The Supreme Court of Pennsylvania reversed an order of the Commonwealth Court and held that the prompt payment provisions of the...more

5 things to know about PPPs in Senegal

1. Public Private Partnerships are the “Main pillar of the Plan Senegal Emergent”. The Plan Senegal Emergent (PSE) is the country’s strategic plan for development and economic growth over the next decade. The PSE aims...more

US Supreme Court False Claims Act Decision in Escobar Has Significant Implications for Contractors

On June 16, 2016, the U.S. Supreme Court ruled in the matter of Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), changing the legal landscape for False Claims Act qui tam claims...more

Is it the End of Lease-Leasebacks as We Know it?

TEOTWAWKI. The end of the world as we know it. For K-12 school construction contractors it could well be. Although their acronym would likely be TEOLLAWKI. The end of lease-leasebacks as we know it....more

Tenth Circuit Holds that the False Claims Act’s Materiality Requirement Has Teeth in Granting Summary Judgment to Government...

On April 22, 2016, in a decision issued before the Supreme Court’s Escobar opinion, the Tenth Circuit addressed the question of what a relator must show to meet the materiality requirement in an implied false...more

Promissory Estoppel and Public Works Bid Disputes in California. Sooo You’re Telling Me There’s a Chance!

Sometimes we hear what we want to hear (or just ignore what the other person is saying). Sometimes this can lead to broken hearts. And, at other times . . . to empty pocketbooks . . ....more

Can You Change the Scope of Work? Not in a bidding situation! (reader comment)

Setting the Right Expectations for Owner Clients is a must, as I recently wrote in my post discussing Scope of Work clauses. According to construction consultant Tony Frisby,* scope of work issues are more important than...more

Discretion in Procurement: The GAO Finds for the Government

The Government Accountability Office (“GAO”) issued a decision that could be used by government agencies to support “all encompassing” RFPs, or RFPs that require one bidder to provide several products and services even if, in...more

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