News & Announcements
- 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.
- May 1, 2015
- March 24, 2015
AGC Contract Documents Forum Chair Phil Beck was awarded AGC Chair of the Year at the annual AGC Convention in San Juan, Puerto Rico. Phil is the first private practice attorney to be awarded Chair of the Year.
- Partner Brian Wolf Discusses Primary Legal Considerations when Entering into a Joint Venture AgreementMarch 20, 2015
Fort Lauderdale office Partner Brian Wolf discusses joint venture agreements and legal considerations in the March 2015 issue of Construction Executive.
- CONSTRUCTION LAW NEWS - Registration and Licensing Requirements for Contractors Working in Foreign JurisdictionsMarch 3, 2015
Licensing and registration requirements can be a trap for the unwary - resulting in fines and penalties and, in the worst cases, loss of rights and recourse to courts. In this fifth installment of our Winter 2015 symposium on Doing Business Across State Lines we focus on licensing requirements for contractors working in different states.
- February 10, 2015
In the fourth installment of our Winter 2015 symposium on Doing Business Across State Lines we focus on design professionals and issues related to licensing in different states. With the growth of design/build, engineer/procure/construct and P3 contracting, these are issues that should be of interest to many in the construction industry - Licensing Challenges for Multi-State Design Practices.
- February 5, 2015
On February 5, 2015, the Small Business Administration issued proposed rules that would establish a government wide mentor-protégé program for all small business types, including participants in the HUBZone, Women-Owned Small Business and Service Disabled Veteran Owned Small Business programs. These rules implement provisions of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013. The new Small Business mentor-protégé program will significantly expand contracting opportunities for large and small businesses alike. With these expanded opportunities will come expanded risks and potential pitfalls for government contractors. SBA has asked for comments to be filed by April 6, 2015. For contractors interested in participating in the new mentor-protégé program, the time to start planning is now.
- CLIENT ALERT: Final Rule Prohibiting Workplace Discrimination Based on Sexual Orientation and Gender Identity
On July 21, 2014, President Obama issued an Executive Order (EO) protecting employees of federal contractors and subcontractors with contracts in excess of $10,000 against discrimination on the basis of sexual orientation and gender identity. Under the regulations just issued to implement the EO, employers that enter into or modify a federal contract or subcontract on or after April 8, 2015 will need to ensure that they are in compliance with the new requirements. Employers need to take the following steps:
- CONSTRUCTION LAW NEWS: Different States Impose Different Limitations on Indemnity and Additional Insured Provisions
This is the third installment of our Winter 2015 symposium on "Doing Business Across State Lines." This article addresses different states' treatment of indemnity and additional insured requirements in construction contracts - Different States Impose Different Limitations on Indemnity and Additional Insured Provisions.
This is an important topic that we have addressed in past issues. See, for example, "An Overview of the Difference Between Indemnity Obligations and Obligations to Provide Additional Insured Coverage" published on July 7, 2014. You can search for additional articles related to this issue on this website by clicking on Resources and then Common Sense Contract Law.
- January 14, 2015
On December 29, 2014, the Small Business Administration (SBA) issued proposed rules which, if implemented, will change regulations and implement provisions of the National Defense Authorization Act of 2013 (NDAA), impacting small business subcontracting, joint ventures, affiliation, and set aside contracts. These proposed rules will have significant impact on the operations of small businesses in the federal market. Comments to these rules are to be submitted to SBA by February 27, 2015.
- CONCESSION LAW NEWS: A New Wrinkle to Leasehold Surrender Interest? Concessioner Asserts that LSI Includes Intangible Assets Such as Trademarks
The incumbent concessioner at Yosemite National Park, Delaware North Parks and Resorts at Yosemite (DNC Yosemite), has indicated publically that the Leasehold Surrender Interest which would be due it from a new concessioner awarded the Yosemite contract includes a $51 million component for the trademarks associated with its current contract.
- January 12, 2015
California has enacted a significant new employment and bidding law that that applies to all construction contractors doing business with the State of California.
- CONSTRUCTION LAW NEWS: No Harm, No Foul? – Penalties for Noncompliance When Performing Construction in a Foreign Jurisdiction
This is the second installment of our Winter 2015 symposium on "Doing Business Across State Lines." The article addresses the frequently significant risks of failing to comply with out-of-state licensing requirements - No Harm, No Foul? - Penalties for Noncompliance When Performing Construction in a Foreign Jurisdiction.
- January 6, 2015
The first article from the Winter 2015 Issue of Common Sense Contracting - Doing Business Across State Lines, has recently been published – Bidding and Performing Public Works Contracts in Other States.
- November 14, 2014
New Effort to Increase Competition at the Grand Canyon; Is it Legal? Effective? Or Nothing More Than a Short-Sighted Prelude to Higher Prices and Further Starvation of Our National Parks?
- October 22, 2014