Scope of Work

News & Analysis as of

New Jersey Supreme Court affirms award of bid that deviates from proposal

The New Jersey Supreme Court has affirmed a state agency’s decision to award a contract to the lowest bidder even though the bid did not comply with the scope-of-work requirements of a request for proposal. Matthew J....more

Issues of Exceeding the Proper Scope Continue to Plague the Board

In Ariosa Diagnostics, Inc. v. The Board of Trustees of the Leland Stanford Junior University, IPR2013-00308, Paper 27 (June 6, 2014) another patent owner was complaining that the Petitioner had exceeded the proper scope in...more

The Legal Perspective on Technical Documents in the Construction Industry

A lawyer adds value to a project by applying his or her unique knowledge of legal principles and industry experience to the particular circumstances of a client’s business. In the construction industry, the substance...more

California Court Denies Summary Judgment on Known Conditions Exclusion

In its recent decision in Lennar Mare Island v. Steadfast Ins. Co., 2014 U.S. Dist. LEXIS 26405 (E.D. Cal. Feb. 28, 2014), the United States District Court for the Eastern District of California had occasion to consider the...more

Protesting IDIQ Orders Under $10 Million? Here Are Your Options

Imagine that your company is a contract holder under a U.S. Army multiple award, indefinite-delivery, indefinite-quantity (IDIQ) contract. The Army issues a request for proposal for a firm, fixed-priced task order, and your...more

New West Virginia Case Finds an Injury at Work Not a Result of Employment

Morton v. West Virginia Office of Ins. Com’r, 2013 WL 5508553, -- S.E.2d ---- (Oct. 4, 2013) (per curiam). Affirming Workers’ Compensation Board of Review’s denial of compensability. In Morton, the claimant injured her...more

When 'On-the-Job' is Not Necessarily On the Job

A majority of the High Court (4:2) has handed down a significant decision in Comcare v PVYW [2013] HCA 41, which has clarified the meaning of a "work-related injury" and closely examined what was said in Hatzminanolis v ANI...more

Employer Held Not Vicariously Liable For Employee’s Alleged Negligent Use Of Company Car

Halliburton Energy Services, Inc. provided Troy Martinez with a company vehicle to use in the execution of his duties. After completing a day’s work, Martinez drove to Bakersfield with his family to purchase a car for his...more

When is an Employee's Automobile Accident an Employer's Responsibility?

Two recent California Appellate decisions reached different results on the issue of when an employer is liable for an employee’s automobile accident. In Moradi v. Marsh, the court found the employer liable for an employee’s...more

California Court Limits “Coming And Going” Exception In Finding Employer Liable For Car Accident That Occurred While Employee Was...

Employers sometimes face vicarious liability for personal injury and property damage when employees use their own vehicles in connection with the performance of their job duties and get into traffic accidents. When facing...more

Getting In: Preparation and Delivery of Leased Premises

The condition of the premises upon delivery is often one of the most important parts of the lease negotiation. The lease provisions addressing this issue are often contained in an exhibit or schedule to the lease, or a...more

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