Larry Caudle
Law Article September 07, 2017
Payment bonds on public projects are intended to provide a means of redress to unpaid subcontractors who cannot otherwise file mechanic’s liens against public property.   The procedures and case law that have developed around payment bonds have actually elevated the payment bond to the preferred...
Road Construction News September 05, 2017
Steve McGough, president and CFO of HCSS, offers a first-hand account of the devastation of Hurricane Harvey. Also, the Trump administration continues to work on an infrastructure bill, a trail could put the I-66 widening project in Va. in jeopardy, and more. To hear our latest podcast, click here.
I-205 traffic congestion
Highway Construction News August 18, 2017
State officials took steps this week to help give some Portland-area commuters in Oregon a quicker, safer trip by fast-tracking a project to cut congestion on I-205.   The $30 million project will repave and widen portions of I-205 between Johnson Creek Boulevard near Happy Valley and the Glenn...
Construction Planning News August 18, 2017
President Trump’s $1 trillion infrastructure plan has been slow out of the gate, and now the search for the gatekeepers has been called off.   A month after he signed an executive order to set up an infrastructure council to go over the details of his grand plan, President Trump deleted any further...
White House
Road Construction News August 16, 2017
President Trump on Tuesday rolled back rules regarding environmental reviews and restrictions on government-funded building projects in flood-prone areas as part of his proposal to spend $1 trillion to fix aging U.S. infrastructure.   Trump's latest executive order would speed approvals of permits...
Larry Caudle
Law Article August 08, 2017
The annals of construction law are filled to the brim with cases involving the enforceability of No Damage for Delay clauses, and multi-state contractors must keep abreast of the particular approaches adopted to construe these provisions by states in which they operate.   Some states declare No...
Road Construction News August 07, 2017
Have you ever seen President Trump play volleyball? He needs a major score with the American people right now, and focusing on an infrastructure bill is the ticket. Also, the Alaskan Way Viaduct is set to be demolished in 2019 and there is a bicycle vigilante on the loose. To hear the latest...
U.S. Capitol building
Funding News July 26, 2017
A Senate panel has rejected White House efforts to eliminate Obama-era transportation grants.   By voice vote, the Senate Appropriations subcommittee on transportation, housing and urban development approved a fiscal 2018 spending bill that includes $550 million for the Transportation Investment...
Draft measures would bar states from setting self-driving vehicle rules
Law News July 13, 2017
U.S. House Republicans expect to introduce bills later this week that would bar states from setting their own rules for self-driving cars and take other steps to remove obstacles to putting such vehicles on the road.   Last month, a U.S. House of Representatives Energy and Commerce subcommittee...
The subcommittee on transportation, housing and urban development advanced a bill that would decrease U.S. DOT funding by $646 million
Funding News July 12, 2017
A House panel approved legislation on Tuesday evening that would cut funding for the U.S. Department of Transportation (U.S. DOT) by over half a billion dollars.   The House Appropriations subcommittee on transportation, housing and urban development advanced a spending bill to provide $17.8...
Road Construction Illinois
Road Construction News July 10, 2017
Illinois road construction projects that were shut down by the budget impasse will get started again sometime next week, now that the legislature has passed a major income tax increase and spending plan.   Illinois had gone 736 days without a budget, and the state told road contractors it would not...
Larry Caudle
Law Article July 05, 2017
Highway departments use the term “incidental” to describe work that, while required, is not subject to separate payment and therefore must be accounted for in the price of other related work.   There are few court cases involving disputes over “incidental,” because the term is so widely used and to...
traffic management
Bridges News July 03, 2017
Three states are going into varying levels of remission this holiday weekend, as disputes between Republican governors and Democratic-led state legislatures have forced the state governments of Maine and New Jersey into partial shut-downs and a long-standing budgetary impasse in Illinois is closing...
State DOTs to lose some contract authority says FHWA
Road Construction News July 03, 2017
The Federal Highway Administration (FHWA) informed state departments of transportation how much each is losing as of June 30 in certain categories of highway program contract authority, as Congress required in the fiscal 2017 government funding bill that it sent to President Trump on May 4.   The...
Gov. Abbott signed a bill that explicitly allows autonomous vehicles to operate on Texas roads without a driver inside
Law News June 27, 2017
Gov. Greg Abbott recently signed a bill that allows the testing of self-driving cars on Texas roads and highways without a driver behind the wheel.   There was nothing in existing law that banned autonomous vehicles from Texas roads. Google has been testing them since 2015 in Austin, and Arlington...
autonomous-vehicle (AV) technology
Law News June 20, 2017
A U.S. House Republican proposal revealed last week would bar states from setting their own rules about the designing and testing of self-driving vehicles.   The proposal also would block federal regulators from demanding pre-market approval for autonomous-vehicle (AV) technology.   The draft...
question mark sign
Law News June 19, 2017
Visit our homepage and take this week's poll question, which discusses principles laid out for bipartisan legislation on self-driving vehicles.
Illinois DOT to shut down roadwork due to state budget impasse
Highway Construction News June 16, 2017
The Illinois Department of Transportation (IDOT) will shut down roadwork statewide if lawmakers fail to pass a budget by the end of the month, officials announced Wednesday.   IDOT will notify contractors that all construction work is to shut down on June 30 if a budget does not pass by then. The...
Texas governor signs texting-while-driving ban into law
Law News June 07, 2017
Gov. Greg Abbott signed a bill into law Tuesday that prohibits texting while driving in Texas, ending a decade-long effort by safety advocates to reduce potentially deadly driver distractions on the road.   Texas will become one of the last states to adopt some kind of texting-while-driving ban...
Larry Caudle
Law Article June 06, 2017
I am often confronted with claims involving Variation in Estimated Quantity, or VEQ, clauses.   VEQ clauses are quite typical in unit-price highway contracts and provide monetary relief to either the contractor or the highway department if actual quantities vary significantly from the estimated...
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