Welcome to the twelfth edition of The Construction Advantage! In this issue, we bring you issues of competitive bidding, more mechanics lien case law, and a Maine case of a dismissed appeal. We hope that you enjoy our...more
In today’s contracting atmosphere, government agencies are increasingly relying on procurements conducted on a lowest-priced, technically-acceptable (“LPTA”) basis. It is not uncommon in such competitions for the winning...more
Remember when you discovered that the tooth fairy wasn’t real?
It was kind of a bummer on one hand learning that it wasn’t a fairy that magically appeared to swap your tooth for cold hard cash, but rather your mom or,...more
This past week I gave a presentation on a panel entitled “Bid Protests: The Good, the Bad and the Ugly” before my local bar association. Thanks to those who attended, my co-presenters and the bar association for sponsoring....more
CMS has begun a pre-bidding awareness program in connection with its plans to recompete the supplier contracts awarded in Round 2 of the Medicare Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS)...more
AC35632- U.S. Bank, N.A. v. Foote -
Second time is the charm. Defendant succeeded in getting plaintiff’s foreclosure action dismissed for lack of standing due to the inability of the witnesses to establish that the...more
While the Great Recession appears to be slowly receding, rising oil costs and other price increases threaten to choke off what had appeared to be an economic recovery. Accordingly, foreclosures may become more frequent in the...more
Last week, the FCC Wireline Competition Bureau issued an Order denying a request for waiver and review of an E-rate program decision made by USAC, which determined that a Texas school district violated the FCC’s competitive...more
A major development and infrastructure project is announced that will provide significant work to a construction manager, general contractor (“GC”), and many subcontractors (“Sub”) across the building trades. The architect...more
In April 2014, the Minnesota Court of Appeals issued a published decision clarifying certain aspects of state procurement law. In Rochester City Lines, et al., v. City of Rochester, et al., No. A13-1477, the Court held that...more
In this new edition of the popular Public Company M&A Primer, originally published in 2013, Ed Batts covers recent changes in the M&A process for public companies.
Are you considering bidding for a public company? Has...more
We’ve all heard of those lawsuits which cause us to scratch our heads wondering, what were they thinking?
Think woman sues fast food restaurant for serving hot coffee, man sues beer company when beautiful women did not...more
CMS recently took the unusual step of issuing an Advance Notice of Proposed Rulemaking (ANPR) regarding changes to Medicare payment methodologies for durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS)...more
Following on the success of the East End Crossing P3 project, the Indiana Finance Authority selected a team lead by international P3 developer Isolux Infrastructure to design, build, finance, operate and maintain a 21 mile...more
At the close of last year, Minnesota Administrative Law Judge Eric Lipman determined that the single solar proposal in a competitive resource acquisition process would provide the best value to Xcel ratepayers....more
On December 31, 2013, Minnesota Administrative Law Judge Eric Lipman determined in a competitive bidding process that solar provided greater value to ratepayers than natural gas. In a first-ever competitive bidding process...more
On Tuesday of this week, the Sacramento City Council voted to suspend the traditional competitive bidding process for the planned construction of a new stadium for the Sacramento Kings. The push will allow the bidding...more
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
On 26 October 2013, the Italian Competition Authority (the Authority) published its new guidelines on competitive bids. The guidelines are intended to help contracting entities to recognise and inform the Authority of...more
In its recent judgment in Land Burgenland (Joined Cases C-214/12 P, C-215/12 P and C-223/12 P) the Court of Justice of the European Union has confirmed that State aid granted to an undertaking in the past must not be taken...more
SPOILER ALERT – This article reveals that the temperature becomes quite hot in Qatar in the summer months.
That paragon of compliance and ethics, the world’s richest and most influential single-sport ruling body...more
Each year, Virginia’s legislature overhauls or tweaks existing legislation and occasionally enacts entirely new legislation of which construction industry operators should remain aware. This year was no exception. The...more
In a recent decision of note concerning the 2012 sale of Morton’s Restaurant Group to Landry’s, Inc., Chancellor Strine of the Delaware Court of Chancery found that a private equity firm with a 28 percent stake in Morton’s...more
FERC yesterday approved an enforcement settlement agreement with JPMorgan, which requires JPMorgan to pay a civil penalty of $285 million and disgorgement of unjust profits of $125 million in connection with abusive bidding...more
So, you have won the bid and you sent your workers to the job site when all of a sudden you get a call from your foreman, who says, “This situation out here looks a lot different than what we expected…” What should you do...more
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