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Bricker Graydon LLP

Increased Bidding Threshold for Ohio Public School Districts Beginning October 24, 2024

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Effective October 24, 2024, the competitive bidding threshold for Ohio public school districts contained in Ohio Revised Code (“ORC”) 3313.46 will increase from $50,000 to $75,000 through 2024, and will then increase by 3%...more

Williams Mullen

New Laws Governing Public Procurement Delivery Methods in Virginia to Take Effect July 1, 2024

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Recently passed legislation that amends the Virginia Public Procurement Act (VPPA) and changes the laws governing procurement delivery methods will take effect on July 1, 2024. ...more

Holland & Knight LLP

New York Could Further Limit Retainage on Public and Private Construction Projects

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Proposed bills in the New York State Assembly and Senate would prohibit the retention of any amount of payment due and owing for materials delivered and accepted for public and private construction projects. The identical...more

Bricker Graydon LLP

Ohio School Bidding Statute Update: Does your project require bidding?

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The bidding statute applicable to school boards in the state of Ohio is R.C. 3313.46. It requires public bidding in accordance with the statutory procedure when the school board “determines to build, repair, enlarge, improve,...more

Nossaman LLP

Construction & Claims: May 2024

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Welcome to Construction & Claims, a periodic digest of the headlines, statutory and regulatory changes and court cases involving construction news, claims, bid protests, contract administration and payment-related disputes....more

Fox Rothschild LLP

More Projects Added to OFCCP’s Mega Construction Project Program

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The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced on April 25, 2024 its designation of 16 additional federal construction projects to participate in the Mega Construction Project...more

Holland & Knight LLP

Public Call for Interest in Public-Private Partnership for Construction of Airport in Colombia

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Colombia’s National Infrastructure Agency (Agencia Nacional de Infraestructura or ANI) launched the public call for the invitation of third parties interested in the project whose purpose is the financing, preparation of...more

Smith Anderson

Major Changes Now in Effect to Davis-Bacon and Related Acts

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For the first time in almost 40 years, the U.S. Department of Labor (“DOL”) has finalized comprehensive changes to regulations covering the Davis-Bacon Act (“DBA”) and 70 “DBA Related Acts,” federal wage regulations that...more

Bricker Graydon LLP

Key Changes to Ohio Construction Law for Certain Public Entities Beginning October 3, 2023 - Update

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Effective October 3, 2023, the threshold amount for rejecting bids when they exceed the original construction estimate will increase for certain Ohio public entities. Previously, Ohio Revised Code (ORC)153.12 specified that...more

Seyfarth Shaw LLP

Don’t Leave Me Twisting in the Wind: ASBCA Paves Way for Potential Subcontractor Recovery for Pandemic-Related Claims

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In a significant ruling, the Armed Services Board of Contract Appeals "(Board)" denied a government motion to dismiss claims from McCarthy HITT - Next NGA West JV, a joint venture under contract with the US Army Corps of...more

Bradley Arant Boult Cummings LLP

The Good, the Bad, and the Board Minutes: Mississippi Court Says Public Bodies Must Fully Explain Why Lowest and Best Bidder Is a...

Contractors know when they bid a public job that it’s the lowest and best bidder that will ultimately come out on top. Contractors and public bodies also know that when a public body rejects the lowest bid, it needs to...more

Bricker Graydon LLP

[Hybrid Event] 15th Annual Construction Procurement for Public Entities in Ohio - May 11th, Dublin, OH

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This full-day workshop, specifically designed for Ohio public owners, covers the project delivery methods available for public construction projects and when competitive bidding is required. The morning session features a...more

Bradley Arant Boult Cummings LLP

An Update and Refresher on Retainage

Depending on the state, retainage often provides an owner a security interest in unpaid funds to help cover completion costs or other damages that may later occur by withholding a certain portion (typically 5-10%) of contract...more

Pullman & Comley, LLC

Five Tips for Municipalities to Keep in Mind When Embarking on Construction Projects

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Municipalities are some of the largest land developers in the state, accounting for building projects that include everything from schools and stadiums, municipal buildings - such as fire departments or public works...more

Burr & Forman

Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs

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Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to...more

Williams Mullen

New Virginia Prompt Payment Statutes Invalidate Most 'Pay When Paid' Clauses

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On April 27, 2022, the Virginia General Assembly passed Senate Bill 550, which makes “pay when paid” and “pay if paid” clauses unenforceable in most circumstances and requires both public and private construction contracts to...more

Woods Rogers

Virginia’s New Construction Payment Terms (Part 1)

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(Part one of a two-part article series) Confused about “pay-when-paid”, “pay-if-paid” clauses and the requirements of Virginia’s Prompt Payment Act on Virginia construction contracts? A new law intending to change the...more

Barnea Jaffa Lande & Co.

Infrastructure Projects in Israel

Tel Aviv may be all dug up, and the sidewalks gone, but there is a light at the end of the tunnel – at least at the end of the tunnel between Lincoln Street and Yitzhak Sadeh Street. It isn’t only Tel Aviv that’s dug up. Work...more

Miller Canfield

Poland: Change of remuneration in public construction contracts

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Change of remuneration in public construction contracts - Surging prices for construction materials, an inflation rate that is highest in years, and spiralling operating costs are a major headache for construction...more

BCLP

Scottish appeal court says NEC is not a charter for contract breaking

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The September 2020 decision by the Scottish Court of Session in Van Oord UK v. Dragados UK [2020] CSOH 87, which has now been appealed. The dispute centred on the ability of Aberdeen Harbour expansion main contractor Dragados...more

Hogan Lovells

Acuerdo sobre contratación pública y autorizaciones provisionales en proyectos de infraestructura específicos

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El 22 de noviembre de 2021 fue publicado en el Diario Oficial de la Federación el “Acuerdo por el que se instruye a las dependencias y entidades de la Administración Pública Federal a realizar las acciones que se indican, en...more

Bilzin Sumberg

New Florida Law Increases Interest Rates for Late Payments for Certain Construction Services and Imposes Criminal Penalties for...

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The 2021 Florida Senate Bill 378 became effective as of July 1, 2021, and implemented major changes for owners, municipalities, and other local government entities that pay contractors for construction services in Florida,...more

BCLP

Security of Payment in Hong Kong - pilot programme for public works contracts

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As the old saying holds, cash-flow is the life blood of the construction industry. In 2021, Hong Kong looks set to join Singapore, Australia and other jurisdictions in implementing a Security of Payment regime to...more

Burr & Forman

Pre-Bid Documents and Estimates Can’t Be Hidden Behind the Curtain in Disputed Delay Claims

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In WDF, Inc. v. City of New York,  No. 652478 (N.Y. Sup.) (Mar. 12, 2021), the contractor filed suit to recover damages from the City on numerous combined waste water treatment projects.  The contractor claimed that the City...more

Burr & Forman

No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

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If you are left in the dark about something, you don’t have the information you should have to make an informed decision. Delay claims on a construction can be confusing, especially when you think about the delay to the work...more

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