News & Analysis as of

Public Contracts

Aggiornamento delle Linee Guida ANAC n. 7 disciplinanti l’Elenco delle amministrazioni aggiudicatrici e degli enti aggiudicatori...

A partire dal prossimo 30 novembre 2017, le amministrazioni aggiudicatrici e gli enti aggiudicatori non potranno più porre in essere affidamenti diretti alle proprie “in house” se non dopo aver presentato domanda di...more

New Harassment and Discrimination Policy Requirement for Public Contractors

The Oregon Legislature passed HB 3060, requiring most public contractors to maintain specific policies and practices relating to sexual harassment, sexual assault, and discrimination against employees who are members of a...more

Enforcing Public Contracts against a Surety

This summer, the Washington Supreme Court ended a long dispute within the construction industry and issued an opinion finding that a performance bond is, in essence, an insurance contract. The court made clear that a public...more

California Supreme Court Rules That Independent Contractors Are Not Excluded From Section 1090’s Conflict Provisions

by Downey Brand LLP on

The California Supreme Court ruled on June 26, 2017 in People v. Superior Court of Riverside County that the Government Code prohibition against a public employee or officer’s participation in contracts in which that person...more

South Africa must contribute to the debate on alliance contracting for high-risk and complex infrastructure projects

by Dentons on

The NEC recently released the consultation draft of the new NEC4 Alliance Contract. This format is designed specifically to elicit feedback from the construction and infrastructure sectors to ensure that the contract...more

Independent Contractors & Consultants Acting on Government Contracts May be Subject to Conflict of Interest Laws

by Best Best & Krieger LLP on

Independent contractors and consultants who engage in or advise on public contracts may be subject to the conflict of interest laws under Government Code section 1090, the California Supreme Court ruled last month. Section...more

ASBCA alters the definition of expressly unallowable costs implicating penalties

by Dentons on

The Armed Service Board of Contract Appeals (“ASBCA”), in its recent decisions, continues to back away from its previous definition of expressly unallowable costs. In previous decisions, the ASBCA only found expressly...more

Do Minnesota Municipalities Have the Authority to Source Public Works Contracts Using the Construction Manager at Risk Delivery...

by Dorsey & Whitney LLP on

Recently, at least two experienced attorneys, one who represents contractors and the other who primarily represents public authorities, have published position papers opining whether Minnesota municipalities have the power...more

SB-30 and its Implications for Doing Public Work Construction for the State of California – Another Risk to Manage

by Snell & Wilmer on

Summary of SB-30 - Senate Bill 30 California-Mexico Border: Federally Funded Infrastructure (“SB-30”) was introduced on December 5, 2016 by Democrat Senator Ricardo Lara, who is its primary sponsor. SB-30 is an act to add...more

Interpreting clause 10.1 of the NEC to escape a time bar clause

by Dentons on

Relying on the role of “mutual trust”, “co-operation” and “good faith” to permit fair and equitable judgments is dangerous. It leads to uncertainty and opens the floodgates to pointless litigation....more

Breach of public procurement rules – damages and timing of challenge

by Allen & Overy LLP on

In Nuclear Decommissioning Authority v Energy Solutions EU Ltd [2017] UKSC 34, the Supreme Court ruled that a public authority’s breach must be sufficiently serious under both UK and EU public procurement laws for a...more

Brexit: Will UK companies be debarred from EU public contracts?

by DLA Piper on

Recent headlines ("Macron wants British firms frozen out of EU contracts (£)") could have caused a few CEOs to splutter over their cornflakes or croissants. Such a move would provoke a tit-for-tat battle that would impact...more

Recent Amendments to Italian Legislation on Project Financing, Concessions and Public Private Partnerships

by McDermott Will & Emery on

A long awaited amendment and restatement of the Italian Code of Public Contracts has passed, with the aim of enhancing the bankability of Italian projects and boosting the infrastructure market. ...more

Disposizioni integrative e correttive al decreto legislativo n. 50 del 2016, recante il Codice dei Contratti pubblici relativi a...

Il 13 aprile, il Consiglio dei Ministri ha approvato in via definitiva lo schema di decreto correttivo al Codice dei Contratti pubblici (il "Correttivo"). Sulla base di quanto disposto all'articolo 1 comma 8, della Legge...more

Open access rail operators: change ahead?

by Dentons on

Open access still has a low market share - ORR has calculated that open access operators run just 1% of passenger rail miles in the United Kingdom, the rest being worked under passenger rail franchises. No open access...more

Novation of Government Contracts: How to Prepare for and Receive Government Approval

by Pepper Hamilton LLP on

Government contractors, so long as consistent with statute and regulation, should coordinate with the government regarding novation issues to best position themselves for acceptance of proposed novations....more

Publication of the revised MPRDA Amendment Bill

by Dentons on

The revised Mineral and Petroleum Resources Development Amendment Bill 15D – 2013 (the Bill) was passed by the National Assembly on 1 November 2016. The Bill has now been referred to the National Council of Provinces (NCOP)....more

Government Contracts Legislative and Regulatory Update - February 2017

by Dentons on

Our February edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of January....more

Avoiding disputes under PFI/PF2 contracts

by Dentons on

With more PF2 projects ahead, there are lessons to be learnt from recent PFI disputes. In the Autumn Statement, the Chancellor of the Exchequer confirmed that "the government will develop a new pipeline of projects that...more

Brexit and Procurement

UK’s Industrial Strategy announced—new Government contracting approach will favour UK-based firms after Brexit. UK Government spending currently runs circa £278 billion per annum. Government contractors will be...more

The fourth railway package: the next stop on the journey to liberalization

by DLA Piper on

The fourth railway package has been adopted in two stages: a technical pillar, recasting the interoperability and safety directives and amending the regulation establishing a European Railway Agency, adopted on May 11, 2016,...more

California Employers: Time to Gear Up for 2017

by Epstein Becker & Green on

Now is the time of year for California employers to review the numerous employment laws that will be going into effect in 2017 to ensure that their policies and practices are in compliance and properly address new...more

EU and Canada Signed Landmark Trade Agreement

by Kirton McConkie PC on

While the U.S. was fully immersed in its presidential elections and took distance from the T.T.I.P. (the long-negotiated international trade agreement between the U.S. and the European Union), and while Great Britain was...more

Embraer FCPA Enforcement Action – Part II

by Thomas Fox on

Today I continue my exploration of the recently announced Department of Justice (DOJ) and Securities and Exchange Commission (SEC) Foreign Corrupt Practices Act (FCPA) enforcement action with the announcement of the...more

Embraer FCPA Enforcement Action, Part I

by Thomas Fox on

The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) continued their stunning 2016 run of Foreign Corrupt Practices Act (FCPA) decisions with the announcement of the resolution of the Embraer SA...more

75 Results
|
View per page
Page: of 3
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.