News

Funding News December 31, 2014
  The number of Republicans historically who have backed increasing taxes—any form of taxation—as a primary measure for increasing Federal revenue in order to fund Federal programs can be logged on the fingers of one’s right hand. The new Congress that the U.S. has given to itself does not look...
Funding News October 23, 2014
In a statement issued on Oct. 22, House Majority Leader Kevin McCarthy (R-Calif.) indicated that the GOP will use programs such as the fledgling 2012 highway funding bill to address what he characterized as “inefficient, ineffective, and incompetent federal agencies along with failed government...
Funding News October 09, 2014
On Nov. 4, Texas residents will decide whether to approve a state constitutional amendment known as Proposition 1, which would effectively earmark monies derived from oil and gas production taxes for a transportation fund aimed at bolstering the state’s cash-poor department of transportation.   The...
Law News March 30, 2012
A federal court March 23 rebuked the U.S. Environmental Protection Agency (EPA) and agreed with the American Road & Transportation Builders Association (ARTBA) and its allies, saying the agency overstepped its authority by revoking a valid wetlands permit from a West Virginia mining operation...
Law News March 14, 2012
The U.S. Senate today approved a two-year transportation authorization bill. Valued at $109 billion, the approval comes just 17 days before the latest extension of SAFETEA-LU expires. In that 17 days, the House needs to reassemble its stalled attempt at a transportation bill and deliver a bill to...
Law News February 24, 2012
All nine justices on the U.S. Supreme Court agreed with the American Road & Transportation Builders Association (ARTBA) and refused to widen the scope of the federal Clean Water Act (CWA). In PPL Montana, LLC v. Montana, the Court Feb. 22 unanimously declined to expand the definition of what is...
Law News January 09, 2012
ARTBA and other stakeholders are urging the U.S. Supreme Court to suspend the U.S. Environmental Protection Agency’s (EPA) seemingly automatic presumption of the need for a wetlands permit on all needed infrastructure and residential improvements. The court heard arguments today in Sackett v. U.S....
Law Article November 04, 2011
Insurance procured by contractors and owners is never intended to cover the risk of defects in design or workmanship, but depending upon the wording of the particular policy purchased, damage to the work that follows as a result of defective design or workmanship might be covered.In RLI Ins. Co. v...
Law Article October 06, 2011
Many disputes between prime contractors and subcontractors result from their failure to accurately memorialize the terms and conditions of the offer and acceptance within the governing subcontract documents. This was the case in John T. Jones Constr. Co. v. Hoot Gen. Constr., 613 F.2d 778 (8th Cir...
Law Article August 05, 2011
When a public contractor’s payment bond surety is confronted with a claim from an unpaid subcontractor, it typically may assert any defense that is available to the prime under the subcontract.   Over the last 10 years or so, this rule has eroded slightly, especially as prime contractors began...
Law Article July 15, 2011
This month, I want to share with you a unique bid protest case involving an apparent attempt by an ineligible bidder to procure a project through a related company.   The case involves a project let by the Louisiana Department of Transportation and Development (LADOTD) for bridge joint repairs and...
Law Article June 10, 2011
In most states and in federal contracting, a disappointed bidder is typically deemed an interested party who is entitled to file and litigate bid protests.   Rarely, however, does a disappointed bidder have the right to protest on the grounds the successful bidder is not a responsible bidder. In...
Law Article May 05, 2011
Electronic bidding is now widely utilized in public contracting, but as demonstrated in a recent federal contracting case, it introduces uncontrollable factors that may impact a bid’s timeliness.   On July 27, 2009, the Army Corps of Engineers issued a request for proposals (RFP) for the design and...
Law Article April 07, 2011
Dispute resolution provisions in contracts and subcontracts frequently contain language requiring a claimant to mediate a dispute before instituting arbitration or litigation.   These clauses are intended to ensure that parties to the contract formally attempt to resolve a dispute before they...
Law Article March 10, 2011
One of the most commonly repeated project-management errors I observe in my practice involves performing extra work before receiving written authorization from the owner to do so.   Many times, the contractor has the verbal assurance from the owner to pay for the work—or so he or she believes. When...
Law Article February 10, 2011
Variation in Estimated Quantity (VEQ) clauses appear in most public-highway construction contracts because they are mandated by law when federal funding is involved.   Because they have become part of state highway departments’ (SHA) standard specifications, such clauses generally apply to state-...
Law Article January 13, 2011
Prime contractors performing work on public projects typically seek to limit their liability to subcontractors for so-called “pass-through claims” to that which the prime receives from the owner on the subcontractor’s behalf. Most important, these provisions usually provide that the subcontractor...
Law Article December 17, 2010
  A disappointed bidder on a public project is always under tight time restraints to acquaint itself with all of the relevant facts surrounding the procurement and to decide whether a protest is appropriate.   In most cases, the triggering event that starts the protest clock running is the public...
Law Article November 19, 2010
Public entities typically possess the right to reject all bids and rebid the project. In many instances, this decision is made to “get it right the second time” in response to a bid protest that raises legitimate issues. As a recent case in Nevada illustrates, however, the right to reject all bids...
Law Article October 01, 2010
Most prime contractors seek to insulate themselves from liability to subcontractors for actions of the project owner, yet provide a conduit for them to recover via pass-through or sponsored claims to the owner. As a few recent cases demonstrate, the laws among the states vary considerably.  ...
Overlay Init