News & Analysis as of

Lump Sum Contracts: Not always certain?

"Lump sum fixed price" is a well-established method of construction contracting in the Middle East and many other regions of the world. Its selling point is price certainty. However, as two recent cases highlight, defining a...more

Missouri expands project delivery options for public works projects

The State of Missouri recently joined a majority of states allowing political subdivisions to make use of design-build and construction manager-at-risk contracts for public works projects. The new law, signed on July 1, 2016,...more

Is a lump sum contract a feature of a "design and build" contract? - A case study of Goh Eng Lee Andy v Yeo Jin Kow [2016] SGHC...

Is a lump sum contract a feature of a "design and build" contract? This was the central issue that the High Court had to decide in the recent case of Goh Eng Lee Andy v Yeo Jin Kow [2016] SGHC 110. After examining the...more

Design-Build Contractors Get Ready to Go Back to School

For bid requests issued on or after July 1, 2016, California school districts, with approval of their governing board, Schoolmay procure design-build contracts for projects in excess of $1M, awarding the contract to either...more

Weekly Update Newsletter - May 2016 #2

LABOR AND EMPLOYMENT - Overtime Final Rule - The Department of Labor issued its final overtime rule which updates the salary level required for the executive, administrative, and professional (“white collar”)...more

Go Big Red-y for Design-Build! Nebraska Enables and Funds Innovative Highway and Bridge Procurements

Governor Pete Rickets followed through on a promise to rethink infrastructure delivery in Nebraska. Signing LB 960, the “Transportation Innovation Act,” into law, Nebraska is poised to clear its backlog of highway...more

Opening Up the Doors (Roads) for Design-Build Contracts on Highway Projects

The Department of Transportation in my home state of New Mexico is the latest to allow the design-build delivery method for highway projects. Although design-build had been approved in New Mexico on limited public projects,...more

New Mexico Expands Design-Build Authority to Highway and Road Projects

New Mexico will now allow certain highway and projects funded in whole or in part by federal funds to use the design-build delivery method. On the last day (March 9, 2016) to sign bills from the most recent legislative...more

Public-Private Partnerships: The Solution to the Problem with Our Aging Infrastructure?

It is no secret that the most significant budget challenges that the United States faces on both a state and national level revolve around the cost to repair and replace our aging infrastructure. In 2014, the American Society...more

Design Liability and Right of Way Risk Allocation for Design-Build Projects

Design liability and right-of-way risk allocation are topics addressed in a legal research digest recently published by the Transportation Research Board’s National Cooperative Highway Research Program (NCHRP). The report,...more

New Legislation Threatens to Further Erode Market Share of Non-Trade Union Contractors in California

In January 2016, two new laws go into effect that will change the face of various public and private construction projects in California. These new rules represent the latest in an ongoing effort by the State Building and...more

2016 California Construction Law Update

The California State Legislature saw the introduction of 2,297 bills during the first half of the 2015-2016 legislative session of which 1,010 bills were signed into law....more

Los Angeles World Airports Announces DBFOM Procurements for $5 Billion Landside Access Modernization Program

Los Angeles World Airports (LAWA) staff today briefed its Board of Airport Commissioners on its plans to deliver and finance the estimated $5 billion Landside Access Modernization Program (LAMP) at Los Angeles International...more

Who’s Responsible for this Project Design? Massachusetts Knows

We wanted to share this timely post by Elizabeth Wright on our Construction Law Zone blog because it affects Construction Manager-At-Risk projects undertaken in Massachusetts, a topic we know is of interest to our readers....more

Are You Responsible for a Project’s Design as a Construction Manager-At-Risk?

In keeping with a growing trend, in 2004, Massachusetts departed from the exclusive use of the traditional “design-bid-build” project delivery method for public projects and permitted public agencies to employ the less...more

The 60-Second Construction Journal

When the Worcester State Hospital psychiatric facility was being built in Worcester, Mass., the state’s Division of Capital Asset Management and Maintenance (DCAM), the project’s owner, entered into a contract with an...more

P3 Projects Use Less Contingency Per Infrastructure Ontario Report

This is the second of two posts about the recent Infrastructure Ontario 2015 Track Record Report. As mentioned in the earlier post about Infrastructure Ontario’s 2015 Track Record Report, 98% of the infrastructure...more

Construction Law Advisory - October 2015

The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors. In August 2015, the Attorney...more

Weekly Update Newsletter - October 2015 #2

GOVERNMENT CONTRACTS - Federal Acquisition Regulation: Simplified Acquisition Threshold for Overseas Acquisitions - The Department of Defense, General Services Administration, and NASA have issued a proposed rule to...more

CDM Regulations 2015: Have you appointed your principal designer yet?

In April 2015, the new Construction (Design and Management) Regulations (the Regulations) came into force and the transition period is about to come to an end. Are you ready?...more

Owners: Have You Protected Your Project Design?

The owner’s rights to use project design documents can be overlooked during contract drafting and negotiation. Standard form design contracts, however, often contain design document terms that weigh heavily in the architect’s...more

Pennsylvania and Maryland Active with P3 Transportation Projects

The Pennsylvania Department of Transportation (“PennDOT”) expects to award bids to develop compressed natural gas (“CNG”) refueling stations throughout the state by the end of 2015 as the agency and its counterpart in...more

TxDOT Shortlists Five Proposer Teams for the SH 249 Extension Project

Three months after the May 15, 2015 issuance of a Request for Qualifications (RFQ), the SH 249 Extension Project is another step closer to development. The RFQ solicited qualifications from teams interested in entering into...more

Construction and Engineering Toolkit: Novation - August 2015

In This Issue: Novation in construction and engineering projects Novation is the cornerstone of design and build procurement. It is the novation of the design consultants' appointments to the main building...more

New Law Promotes Social Infrastructure P3 in a California City

SB 562 is a special law intended to clarify procedures that allows the City of Long Beach to move forward with its new Civic Center project. Signed by Gov. Jerry Brown on Aug.11, this law provides the City with discretion on...more

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