Sore joints
Roads & Bridges
April 2008
By Larry Caudle
Substantial risk exists when dealing with shaky subs
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Word for word
Roads & Bridges
March 2008
By Larry Caudle
“As a whole” defense does not fly in “Big Dig” case
PDF Version
Bite’s mark
Roads & Bridges
February 2008
By Larry Caudle
Satisfying DBE requirements may tip the scales
PDF Version
Mirror fogged
Roads & Bridges
January 2008
By Larry Caudle
Case proves claims do not have to match allegations
How much?
Roads & Bridges
December 2007
By Larry Caudle
Confusion at bid time leads to frustration for contractor
The game of risk
Roads & Bridges
November 2007
By Larry Caudle
Contractors must take on hefty responsibility
Good at math?
Roads & Bridges
October 2007
By Larry Caudle
In the rush of putting out a project bid, highway and bridge contractors can make costly mistakes
Price check
Roads & Bridges
September 2007
By Larry Caudle
VEQ clause adds complexity to contracts
Confusion has issues
Roads & Bridges
October 2005
Cordell Parvin
The very things prime contractors are told they must do to have made “good faith efforts” to meet a DBE contract goal call into question the independence of the DBE firm.
A limit on unlimited
Roads & Bridges
September 2005
Cordell Parvin
It is settled law that every contract contains an implied obligation that neither party will do anything to prevent, hinder or delay performance.
Paying a lot for utilities
Roads & Bridges
August 2005
By Cordell Parvin
Moyer Trucking experienced delays and damages in performing its subcontract work and contended the delays were caused by Utility’s failure to perform its work.
Aiming low raises questions
Roads & Bridges
June 2005
By Cordell Parvin
The Appellate Court found in favor of Odebrecht by looking at the factual evidence rather than the District Court’s legal conclusion.
Dollars with some kick
Roads & Bridges
January 2005
By Cordell Parvin
The new act and rules allow TxDOT to enter into agreements with private entities for the design, construction, financing, maintenance or operation of transportation projects.
Traveling the measured mile
Roads & Bridges
October 2004
By Cordell Parvin
Courts far prefer the measured mile approach to total cost, modified total cost or published industry impact estimates.
Buy America is a tough sell
Roads & Bridges
August 2004
By Cordell Parvin and Joseph Dirik
Domestic mini-mills cannot satisfy Buy America requirements or demand because of the allocation process and diversion of available domestic steel plate to nonhighway uses.
Honored for memorial work
Roads & Bridges
January 2004
Cordell Parvin
Many state DOT Disadvantaged Business Enterprise (DBE) programs include a provision entitling the state DOT to recover "liquidated damages" for any shortfall in DBE participation. For many years I have suggested that such provisions are an unenforceable penalty because the amount bears no relationship to any damages suffered by the state DOT as a result of the contractor's failure to meet the DBE goal.
Stanby unfair to project’s pilot
Roads & Bridges
December 2003
Cordell Parvin
Many years ago, I argued that a contractor could not receive Eichleay damages for extended overhead when work on the project was never shut down. Recent cases seem to verify this argument.
At the risk of sounding false
Roads & Bridges
November 2003
Cordell Parvin
Contractor integrity in the public construction process is critically important. It is worse to have a compliance program that is ignored than to have none at all.
Go according to plan
Roads & Bridges
October 2003
Cordell Parvin
In addition to being in material breach of the contract, a contractor's failure to make a good faith effort to comply with a subcontracting plan subjects the contractor to liquidated damages.
Taking advantage of the rule
Roads & Bridges
August 2003
Cordell Parvin
The 2003 final rule permits DOTs to continue the counting provisions its DBE program adopted to comply with the 1999 final rule or adopt the new option. On June 16, 2003, the U.S. DOT issued a final rule revising the 49 C.F.R. Part 26 Disadvantaged Business Enterprise (DBE) regulations. Prime contractors will be particularly interested in the three changes involving retainage payments, size standards and eligibility, and DBE credit for trucking firms.
Manual was not in the instructions
Roads & Bridges
July 2003
Cordell Parvin
State DOT construction manuals are sometimes used by project managers and inspectors to interpret the state DOT standard specifications or special provisions. This creates contract interpretation disputes such as the one decided in Thomas M. Durkin & Sons, Inc. v. Pennsylvania Department of Transportation, 742 A.2d 233 (Pa.Cmwlth. 1999).
Unable to take rejection
Roads & Bridges
June 2003
Cordell Parvin
Decisions regarding bid protests often turn on how the contracting agency deals with bidding irregularities or defects.
Did you miss anything?
Roads & Bridges
May 2003
Cordell Parvin
Contractors must review soils reports and plans and must clear up patent ambiguities to establish a claim for differing site conditions or defective specifications.
Catwalk leaves scratch marks
Roads & Bridges
April 2003
Cordell Parvin
In its recent decision of Aetna Bridge Company v. State of Rhode Island Department of Transportation, the Supreme Court of Rhode Island formally adopted the Severin doctrine.
Watch yourself
Roads & Bridges
February 2003
Cordell Parvin
Compliance is not new for highway contractors. Contractors certify many things and interact with a wide variety of governmental agencies. So, my question to contractors is: Do you have a corporate compliance program designed to avoid purposeful or inadvertent violations of law by your employees?
Forest bid isn't clear cut
Roads & Bridges
January 2003
Cordell Parvin
In recent columns I addressed a New Jersey case involving a claim for additional compensation with an alleged unbalanced bid. In this column I will examine a bid protest case based on an assertion of unbalanced bidding of a contract proposal with an option.
Punch list turns into a black eye
Roads & Bridges
August 2002
Cordell Parvin
By recognizing the implied covenant of good faith and fair dealing in commercial contracts, the court has joined a majority of jurisdictions that require contracts be performed in good faith.
LAW: The Contractor's Side
Roads & Bridges
December 2001
Cordell Parvin
Missouri DOT's denial of contractor's tow claim raises questions to "bid as you see it" approach
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