News & Announcements
- CONSTRUCTION LAW NEWS: Where Does the Duty of Care Flow? Limiting the Potentially Broad Liability of Construction ManagersApril 6, 2016
The most recent article from Common Sense Contracting has been published. Click here to read more.
- The March/April Issue of Deep Foundations Magazine, Including Brian Wood's Column "Legally Speaking," Now AvailableApril 3, 2016
Brian S. Wood's article "Type 2 Differing Site Conditions: Establishing “unknown” and “unusual” subsurface conditions is difficult, but possible," has been published in the Legally Speaking section of the March/April 2016 edition of Deep Foundations.
- Partner Doug Tabeling Installed as Chair of the Associated General Contractors of America Construction Leadership CouncilMarch 15, 2016
Doug Tabeling was installed as Chair of the Associated General Contractors of America Construction Leadership Council (CLC) at the recent AGC Convention in San Antonio, Texas.
- March 15, 2016
The first article from Common Sense Contracting for 2016 has been issued. Click here to read more.
- CLIENT ALERT: A Retreat from "Fairyland": The Sixth Circuit Reduces Damage Award in Circle C LitigationMarch 1, 2016
A recent False Claims Act decision by the Sixth Circuit Court of Appeals appears to have drastically reduced the damages recoverable by the federal government for an alleged violation of the Davis Bacon Act. In the well known Circle C Construction case, the court ruled that False Claims Act damages should be based on the amount of unpaid Davis Bacon wages, not the total value of the services provided to the government. With this decision, the Circle C case may be at an end.
- DC Office Attorney Laura Stipanowich Appointed to the International Institute for Conflict Prevention and Resolution Young Attorneys Steering CommitteeFebruary 5, 2016
Laura J. Stipanowich has been appointed to serve on the Young Attorneys in Alternative Dispute Resoution Steering Committee for the International Institute for Conflict Prevention & Resolution (CPR).
- February 3, 2016
- CONSTRUCTION LAW NEWS: Making the Best of a Bad Situation: Where and How Contractors Can Find Insurance Coverage for Civil Violations of the False Claims ActFebruary 3, 2016
- January 1, 2016
- January 1, 2016
- CLIENT ALERT: Florida Reaffirms "Consumer Expectations" Test in Design Defect Products Liability CasesDecember 23, 2015
In Aubin v. Union Carbide Corp., 40 Fla. L. Weekly S596 (Fla. Oct. 29, 2015), the Florida Supreme Court recently resolved an important conflict between Florida's intermediate appellate courts with respect to the test used in adjudicating design-defect claims in product liability cases.
- CLIENT ALERT: Does an "Unrealistically Low" Price For a Fixed Price Contract Permit an Agency to Simply Eliminate a Proposal from Competition?December 4, 2015
The Court of Federal Claims just issued a significant opinion in KWR Construction Inc. v. United States, regarding an agency's rejection of a proposal on the basis that the offeror's price was unrealistically low. The procurement was for a multiple-award construction contract and was set aside for section 8(a) small businesses. Award was to be made on a best-value basis.
- December 1, 2015
Fort Lauderdale associate Joseph R. Young has been appointed Vice Chairman of the ABC Florida East Coast Chapter Legislative Committee.
- November 10, 2015
Prevailing wages are often established for public works projects at the local, state, and federal levels. Today's article from Fall edition of Commons Sense Construction considers whether prevailing wages must be paid to workers on P3 projects.
- November 5, 2015
- October 21, 2015
The fourth installment of our Fall 2015 issue on Public-Private Partnerships (P3s) is about the intersection of public-private partnerships with another type of construction that is growing in importance and popularity: Green Construction.
- October 21, 2015
Charlotte office Partner Rolly L. Chambers received the 2015 Outstanding Pro Bono Service Award from the Counsel for Chidren's Rights.
- October 1, 2015
We have just issued our third installment to the 2015 issue of Common Sense Contracting, focusing our attention on one project delivery method: the public-private partnership, or P3 for short. Today’s article addresses risk allocation factors that should be considered when approaching P3 contracts.
- September 10, 2015
This is the second installment of our Fall 2015 issue on Public-Private Partnerships (P3s). As the name implies, P3s benefit the public. They involve private parties who contract to provide public services and projects. Does this mean that parties pursuing P3 work must comply with traditional public bidding requirements? Today’s article tackles this question.
- September 8, 2015
The Federal District Court in Washington, D.C. has granted Smith Currie's motion to intervene on behalf of a coalition of businesses in a case brought by the Center for Biological Diversity challenging the level of protection for the Northern Long-eared Bat, a species recently listed under the Endangered Species Act (ESA).
Smith Currie congratulates our lawyers who have been listed in The Best Lawyers in America© 2016.
For our Fall 2015 issue of Common Sense Contracting, we are focusing our attention on one project delivery method: the public-private partnership, or P3 for short. From the federal government on down, more government entities at all levels are relying on P3s to provide much-needed improvements to public infrastructure and facilities. P3s present new opportunities for the construction industry, but they also open up traps for the unwary. The first article for the Fall issue is titled "Understanding Unsolicited P3 Proposals."
Ernest C. Brown discussed multi-state licensing issues for contractors in the June 8 issue of ENR. Click here to read more.
- CONSTRUCTION LAW NEWS: Erosion of the Spearin Doctrine of Implied Warranty in Alternative Project Delivery Methods
Our Spring 2015 issue of Common Sense Contracting focuses on "Alternative Project Delivery Methods - Risks and Challenges." Today's article addresses the Spearin Doctrine of Implied Warranty in the alternative project delivery context, and explores situations where contractors have assumed design risk traditionally allocated to owners.
- June 18, 2015
San Francisco partner Ernest C. Brown discussed major construction project inspection processes in an interview with KCBS Radio.
- June 8, 2015
Your insurance policy may not cover the costs of an expensive Chapter 558 construction defect process. Florida's construction defect statute, Chapter 558, requires an owner to notify contractors of all alleged construction defects. After the notice is sent, the contractor notifies all of the trade contractors and a potentially expensive and time-consuming process of hiring experts, property inspections and letter writing ensues. Contractors will look to their insurance companies to cover the costs of hiring attorneys and experts to protect their interests during the process. Depending on the size and complexity of the project and the length of the owner's list of alleged defects the 558 process can be expensive.
Our Spring 2015 issue of Common Sense Contracting focuses on "Alternative Project Delivery Methods - Risks and Challenges." Today's article addresses the frequently significant insurance risks associated with various non-traditional project delivery methods.
- May 20, 2015
A recent in-depth Smith Currie study of cases and professional articles nationally on insurance coverage of False Claims Act claims identified many important opportunities for coverage of such claims.
- May 13, 2015
- May 13, 2015
Under Florida law, the four year statute of limitations and the ten year statute of repose both begin to run from "the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest." Fla. Stat § 95.11(3)(c). In its May 8th, 2015 decision, the Fifth District Court of Appeal decided that the words "completion . . . of . . . the contract" means completion of the performance of the obligation to make payment under the construction contract. Cypress Fairway Condo. v. Bergeron Const. Co. Inc., 5D13-4102, 2015 WL 2129473 (Fla. 5th DCA 2015).
- CONCESSION LAW NEWS: GAO Reiterates Its Jurisdiction to Hear Bid Protests Regarding Some NPS Concessions Contracts; but Totally Denies the ProtestMay 5, 2015
A Government Accountability Office (GAO) bid protest decision issued last week in DNC Parks & Resorts at Yosemite, Inc., reveals that the National Park Service (NPS) is continuing its approach of thumbing its nose at GAO. That is, asserting once again, that GAO does not have jurisdiction over bid protests relating to concessions contracts, NPS once more refused to provide a report (i.e., a brief) to GAO on the substance of the protest.