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Construction Government Contracting

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

New Federal Infrastructure Plan Coming Soon

Transportation Secretary Elaine Chao recently informed the U.S. Senate that the President’s $1 trillion infrastructure plan will be announced by the end of the month. The new plan is anticipated to rely upon public-private...more

Deadline Extended for D.C. Comprehensive Plan Amendment Proposals

by Ballard Spahr LLP on

The District of Columbia Office of Planning (OP) has extended the deadline for individuals and groups to submit proposed amendments to D.C.'s Comprehensive Plan, which guides future growth and development in the District. OP...more

President Trump’s “Buy American, Hire American” Executive Order and the Construction Industry

“We will have two simple rules when it comes to this massive rebuilding effort, buy American and hire American” – President Donald Trump On April 18, 2017, President Trump signed Executive Order No. 13788 implementing his...more

NEC4 suite of standard form contracts to be released in June

by White & Case LLP on

On 22 June 2017, the NEC4 suite of standard form contracts will be officially launched at the NEC Users' Group's Annual Seminar. This new suite will replace the popular NEC3 suite, which was first published back in 2005....more

When Is the Contractor’s Termination for Default Proper? When It Does Bad Things

by Burr & Forman on

Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of...more

Highlights of the 2017 Revisions to the AIA-A201

For almost 130 years, the American Association of Architects (AIA) has published form construction documents. The AIA family of documents is among the most popular and commonly used form construction documents in the...more

Double Deja Vu: AB 219 is Reinstated!

PREVAILING WAGE LAW is California’s “other” minimum wage. It requires workers to be paid union wages on publicly funded construction projects. ...more

Buy American and Hire American: What it Means for the Construction Industry

On April 18, 2017, President Donald Trump signed into law the “Buy American and Hire American” Executive Order (No. 13788). The Order requires agencies to do a wholesale evaluation of their compliance with “Buy American” laws...more

Second Circuit Finds Arbitrator Did Not Commit A Manifest Disregard Of The Law In Dispute Over Construction Work At The Whitestone...

by Carlton Fields on

In a dispute between a construction company hired by New York State to replace a portion of the Whitestone Bridge and a steel company regarding the timeliness of certain deliveries related to the project, the Second Circuit...more

"New York Requires Contractors to Disclose Employee Salary Data"

In January 2017, New York Gov. Andrew Cuomo issued Executive Order 162 (the order) requiring state contractors to disclose the salary paid to employees who work on the contract. The order attempts to address disparity in pay...more

El secretario de vivienda, Ben Carson, pone en marcha asociación público-privada para viviendas públicas

Ayer, el condado de Miami-Dade recibió al Dr. Ben Carson, secretario del Departamento de Vivienda y Desarrollo Urbano de Estados Unidos, en la urbanización pública Liberty Square, una de las más antiguas del país. La reunión...more

3 Things Contractors Should Do Now to Ensure “Buy American” Compliance in the Wake of Trump’s Executive Order

by Carlton Fields on

"Buy American, Hire American" is no longer just a campaign slogan. It is the subject of an Executive Order signed by President Trump on April 19. The order details the Trump administration’s policy of ensuring compliance with...more

Supreme Court of California Holds That a Losing Bidder on a Public Works Contract Cannot Sue the Winning Bidder for Intentional...

by Pepper Hamilton LLP on

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc., 2017 Cal. LEXIS 1024 (Cal. February 16, 2017) - This tort lawsuit relates to a dispute over the bidding process on several public works contracts in...more

California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different,...

Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a...more

Secretary Ben Carson Kicks Off Public Housing P3

This week, Miami-Dade County hosted Dr. Ben Carson, the Secretary of the United States Department of Housing and Urban Development, at the Liberty Square public-housing development, one of the oldest in the nation. The...more

What Every Contractor Should Know About Requests for Equitable Adjustment

by PilieroMazza PLLC on

Government contractors quickly learn to expect the unexpected. While working on a construction contract, a contractor may encounter undisclosed utility lines 15 feet underground. Or, an information technology support...more

3D Printing Quarterly Report - Q1 2017

by Benesch on

IDC forecasts that worldwide spending on 3D printers, along with associated software, materials and services, will reach $28.9 billion in 2020, compared to an estimated $13.2 billion in 2016. It’s expected that the...more

Revealing NEC4 to South Africa – a welcome development for the public sector

by Dentons on

NEC contracts are used extensively in the South African public sector. The Construction Industry Development Board (CIDB) Act and its standards for uniformity in construction procurement seek to bring about standardisation...more

Federal Court in Alabama Rules that 1999 Amendment to the Miller Act Does Not Preclude Arbitration of Underlying Claims

by Pepper Hamilton LLP on

United States v. Int’l Fid. Ins. Co., No. 16-0472-WS-C, 2017 U.S. Dist. LEXIS 16791 (S.D. Ala. Feb. 7, 2017) - This action arose out of a payment dispute between Bay South Limited, Inc. (“Bay South”) and Stephens...more

Procurement Pulse - April 2017

by DLA Piper on

Breach of the procurement rules raises the difficult dilemma of providing sufficient information to disaffected bidders to ensure that the playing field is as level as possible in terms of the information they have available...more

Deja Vu: Court Overturns AB 219… Again!

Prevailing Wage Law is California’s “other” minimum wage. It requires workers to be paid union wages on publicly funded construction projects....more

Lien bonds and statutory trusts: Stuart Olson Dominion Construction Ltd v. Structal Heavy Steel, 2015 SCC 43

by Dentons on

In December 2010, Stuart Olson Dominion Construction Ltd. (Dominion) was hired to act as general contractor to construct a football stadium at the University of Manitoba. Dominion entered into a subcontract with Structal...more

Superior Court Rejects Disappointed Bidder’s Claim

by PretiFlaherty on

Whether required by state law or by local ordinance or practice, municipalities often use the competitive bidding process to purchase property, equipment and most types of services. In the recent case of Design...more

Revisions to ConsensusDocs® Design-Bid-Build Standard Forms

Every construction project has a contract (written, preferably), and they often vary in size and scope depending on the nature and complexity of a project. Many construction industry participants have developed their own...more

Solar in the Frost: What to Watch Out For

As solar technology continues to become more efficient, construction of solar plants is expanding rapidly around the world, including in colder environments that, in the past, may have lacked the irradiance necessary to make...more

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