News & Announcements
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
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 Protest
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 Agreement
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 Jurisdictions
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.
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
Another article from the Fall 2014 Issue of Common Sense Contracting - The Bonding Issue, has recently been published – State Payment Bond Statutes: Navigating “Little Miller Acts”
Another article from the Fall 2014 Issue of Common Sense Contracting - The Bonding Issue, has recently been published - Identification of Public Project Payment Bond Claimants.
- Congratulations to Flatiron West, Inc./Parsons Transportation Corporation, winner of the ASCE San Francisco “Construction Project of the Year” awardSeptember 19, 2014
San Francisco office partner Ernie Brown serves as Project Counsel for the the BART Oakland International Airport Connector project, the ASCE San Francisco “Construction Project of the Year” award winner,
- CONSTRUCTION LAW NEWS: Procedural Differences for Claims on Standard Form Performance and Payment Bonds
Another article from the Fall 2014 Issue of Common Sense Contracting - The Bonding Issue, has recently been published. Procedural Differences for Claims on Standard Form Performance and Payment Bonds.
- Partner Doug Tabeling Discusses Integrated Project Delivery and Legal Considerations for ContractorsSeptember 10, 2014
- August 21, 2014
Fort Lauderdale office Partner, Adam Haimo, is project counsel for one of the nation's "nine great new beach hotels," as ranked by CNN Travel.
The Fall 2014 Issue of Common Sense Contracting will focus on the topic of construction project bonding. The first of six articles to be published in the Fall issue is included here - A Primer on the Miller Act's Federal Bonding Requirements.
- Partner, Doug Tabeling Discusses State Budgets, Financing and Procurement Trends for Construction ProjectsJuly 8, 2014
Partner, Doug Tabeling discusses state budgets, financing and procurement trends for construction projects. For the complete article, click here.
- June 19, 2014
In an interim rule published June 12, 2014, effective July 14, 2014, the Small Business Administration has updated its revenue based size standards for small businesses. Citing the need to adjust the size standards due to inflation at least once every five years, SBA made the first adjustment to the size standards for inflation since 2008. The size standards pertaining to the construction industry have all been increased.