News & Analysis as of

Construction Contracts Department of Transportation (DOT)

Miller Nash LLP

You Snooze, You Lose: Washington’s Strict Notice of Claim Requirements on Construction Projects Continues to Plague Contractors

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Contractors in Washington State continue to look for judicial relief from the strict compliance with contractual notice requirements and still come up empty. The most recent example of forfeiture of payment is explained in...more

PilieroMazza PLLC

[Webinar] Update on DOT’s DBE Program for Construction Contractors - October 19th, 2:00 pm - 3:00 pm ET

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With both the Infrastructure Act and the Inflation Reduction Act bringing billions of dollars in new funding to state and local infrastructure projects, the contracting community is focusing its attention on DOT’s...more

Woods Rogers

Now That’s A Steel: VDOT Issues Memorandum for Steel Escalation Price Adjustments

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Construction material prices have been extremely volatile, negatively impacting virtually all projects. Recently, VDOT issued guidance on steel escalation, but for VDOT projects only...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights: Issue 3, 2022

Change in “Pay When Paid” Provisions for VA Public Contracts "An Act to amend and reenact §§ 2.2-4354 and 11-4.6 of the Code of Virginia, relating to contracts; payment clauses to be included; right to payment of...more

Whitcomb Selinsky, PC

Court of Appeals Remands Davis-Bacon Violations Case

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Fidelity and Deposit Company of Maryland and the Internal Revenue Service (IRS) claimed they were entitled to funds from construction contracts between Cosmos Industrial Services, Inc. and the Ohio Department of...more

Fox Rothschild LLP

Effective Contract Management Primer: FAR Remedy Granting Clauses, Certified Claims, and Disputes

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Submitting a certified claim to a government agency or appealing a contracting officer’s final decision (COFD) can be a risky business decision for federal contractors. On one hand, there is the risk of straining the...more

Nossaman LLP

TxDOT Keeps Design-Build Projects in the Fast Lane

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Like many other state agencies, Texas stay-at-home orders issued in response to COVID-19 have shuttered many TxDOT offices since mid-March. ...more

Shutts & Bowen LLP

Risky Business: Florida’s Government Contractors Should Make Sure Their Contract Modifications Are Valid (a/k/a Don’t...

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The coronavirus pandemic is creating both opportunities and risks for Florida’s contractors. For example, on April 1, 2020 the Florida Department of Transportation announced that it will take advantage of nearly empty roads...more

Troutman Pepper

The Washington Court of Appeals Clarifies When the Statute of Limitations for a Negligence Claim Begins to Run Under the Discovery...

Troutman Pepper on

Dep’t of Transp. v. Seattle Tunnel Partners, 2019 BL 36988, 2 (Wash. App. Div. 2 Feb. 05, 2019) - On January 8, 2019, the Court of Appeals for the State of Washington reversed and remanded in part a trial court’s grant of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Public Design-Build Projects in Arkansas (Part Two): Statutory Procurement Authority

Part One of this series focused on the Arkansas Department of Transportation’s (“ARDOT”) first major project using the design-build project delivery method – 30 Crossing. Since then, ARDOT has awarded the 30 Crossing Project...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Demolition Contract: New York Appellate Court Addresses Whether Imposition of Flow Control Constitutes a Significant Change

A New York Appellate Court (“Court”) addressed in a January 9th opinion the effect of flow control by a local governmental authority on a demolition contract. The focus of the decision was whether a general contractor was...more

Schwabe, Williamson & Wyatt PC

Recent Supreme Court Opinion Serves as Call to Action for Contractors to Review Contract Notice Requirements

The Supreme Court of the State of Washington issued its opinion in Nova Contracting Inc. v. City of Olympia, Docket No. 94711-2 on September 27, 2018, which hammers home the need for contractors to review the notice...more

Troutman Pepper

Michigan Court Of Appeals Holds That Contractor Who Failed To Timely Seek A Time Extension Is Barred From Contesting Liquidated...

Troutman Pepper on

Abhe & Svboda, Inc. v. State of Michigan Department of Transportation, 2017 Mich. App. Lexis 1387 (August 29, 2017) - Contractor Abhe & Svboda, Inc. (“A&B”) entered into a contract with the Michigan Department of...more

Bradley Arant Boult Cummings LLP

Pay Attention to Your Surroundings: Contractor Denied Recovery for Differing Site Conditions Where Condition was Well-Known in the...

The Civilian Board of Contract Appeals (“Board”), the court with jurisdiction over the General Services Administration and other non-defense executive agencies, denied a contractor’s claim for increased labor and equipment...more

Burr & Forman

Proceed Wisely, Ninja Contractor, Because Suing Your DOT May Have Limitations

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No self-respecting Ninja goes into battle without a plan, right? You need to know your environment, your opponent and the rules of the battle. For you Ninja contractors, it’s a good thing to fully understand your potential...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: - SC19165 - Dept. of Transportation v. White Oak Corp. - SC19165 Dissent - Dept. of Transportation v. White Oak Corp. Despite a very convoluted history, the essence of...more

Proskauer - Corporate Defense and Disputes

Third Circuit Decision Could Have Broad Implications For Sentencing In Federal Fraud Cases

Last week, the Third Circuit issued a decision that could have major ramifications for sentencing in federal fraud cases. United States v. Nagle dealt with a fraud perpetrated against the Department of Transportation’s...more

Nossaman LLP

New Harbor Bridge Set to Launch

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On September 28, 2015, the Texas Department of Transportation and Flatiron/Dragados, LLC (Developer) entered into a comprehensive development agreement (Agreement) for the Harbor Bridge Replacement Project in Corpus Christi...more

Nossaman LLP

Presidio Parkway Opens in San Francisco

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The long-awaited Presidio Parkway opened for the first time to Bay Area motorists on July 12th, ahead of schedule and to local and national praises. The $1.1 billion Presidio Parkway replaces Doyle Drive – an outdated...more

Snell & Wilmer

Arizona State Legislature Expands Prompt Payment to Design Professionals on Public Works Projects

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Arizona law has long protected the rights of contractors, subcontractors and suppliers to prompt payment. However, all such protections have not extended to design professionals. For example, in 2013, the Arizona Court of...more

Carlton Fields

Construction Case Law Update - January, 2015

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FLORIDA STATE CASES - Slavin Doctrine; Design Contracts - Under the Slavin doctrine, a subcontractor design company was not liable despite negligently designing intersection traffic lights that resulted in a fatal car...more

Nossaman LLP

TxDOT Achieves Commercial Close on the $845 Million I-35E Managed Lanes Project

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On May 17, 2013, the Texas Department of Transportation and AGL Constructors reached commercial close on the design-build and capital maintenance agreements for the I-35E Managed Lanes Project. AGL Constructors is a joint...more

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