Law

Rail transit safety
News April 13, 2018
The Government Accountability Office (GAO) released a report that recommends the Federal Transit Administration (FTA) strengthen its safety oversight by improving guidance the agency provided to states.   Specifically, GAO suggests the FTA create a plan for developing risk-based inspection guidance...
New York State Thruway
News April 13, 2018
Lawyers for the Seneca Nation of Indians sued New York State on Thursday, charging that the state broke federal laws more than 60 years ago when it built a 2.7-mile section of the New York State Thruway through Seneca territory in southern Erie County.   The lawsuit demands that the state...
deficient bridges
News April 11, 2018
Gov. Phil Bryant on Tuesday declared a state of emergency, issuing a proclamation that orders the Mississippi Department of Transportation (MDOT) to immediately close 83 city and county bridges, a number that increased to 102 by the following day, that have been deemed deficient by federal National...
FIU bridge collapse
News April 06, 2018
The family of Florida International University (FIU) freshman Alexa Duran, who was killed in last month's pedestrian bridge collapse, has filed a lawsuit in connection with the FIU bridge collapse.   Duran, 18, was the first of six people to be identified after the pedestrian bridge that connected...
Larry Caudle
Article April 03, 2018
Most highway contracts include Variation in Estimated Quantity (VEQ) clauses that establish rules governing the renegotiation of unit prices if actual quantities vary from the government’s estimated quantities by a stated percentage, typically between 15% and 25%. Many VEQ clauses distinguish...
White House
News April 02, 2018
President Trump visited a union-worker training center in Richfield, Ohio, last week to talk up his infrastructure investment ideas.   The speech was part of his administration’s effort to build momentum for his plan to invest $200 billion in new federal funds over a decade to spur more than $1.5...
Uber AV Tempe

Image: Uber

News March 28, 2018
Uber will not renew its permit to test self-driving cars in California after one of its autonomous vehicles struck and killed a pedestrian in Arizona last week.   Should Uber change its mind, the ride-hailing company would have to address findings from its investigation and analysis of the accident...
FIU bridge collapse investigation
News March 21, 2018
U.S. Transportation Secretary Elaine Chao asked the inspector general of her department to probe whether a federally funded pedestrian bridge that collapsed and killed six in Florida complied with all rules, her office said on Tuesday.   Chao said in a letter she has asked for an audit to determine...
Ryan refutes Shuster on potential federal gas tax increase
News March 08, 2018
House Speaker Paul Ryan this week was unequivocal regarding a potential increase to the federal gas tax to aid the funding of road and bridge development.   "Well, we’re not going to raise gas taxes so I don’t foresee that as a problem. We’re just not going to do that here," Ryan said on a phone...
Larry Caudle
Article March 02, 2018
When a contractor encounters differing site conditions on a project, an equitable adjustment for additional costs and/or time can more often than not be justified under the Differing Site Conditions contract provision. Frequently, however, the unanticipated conditions result in the highway...
White House
News February 12, 2018
The White House today officially released a 55-page proposal for President Trump's long-awaited infrastructure overhaul.   The plan puts forth a framework for lawmakers to craft legislation for a $1.5 trillion infrastructure package that would focus on public-private partnerships and funding from...
Larry Caudle
Article February 02, 2018
Any prime contractor in business for more than a few years has encountered an underperforming subcontractor, and in extreme circumstances, has been confronted with the decision whether to declare a default and seek a replacement. One popular option is to avoid the risk of nasty default termination...
The White House
News January 26, 2018
President Trump said Wednesday he plans to discuss a $1.7 trillion infrastructure package during next week's annual State of the Union address, a major increase in what the administration had previously touted for infrastructure investment.   During a White House meeting with mayors from across the...
roadway
News January 17, 2018
The U.S. Chamber of Commerce is making a push to raise the federal gas tax by 25 cents per gallon to help pay for the nation’s infrastructure.   The proposal, which will be formally introduced later this week, is part of a series of principles the nation’s largest business lobby will offer in a bid...
bridge
Article January 03, 2018
Most department of transportation buildings do not have a door marked PRIVATE.   Since one figuratively does not exist, either because there is no interest in working with the private sector or it is simply not feasible, it is hard to see how President Trump’s proposed $1 trillion infrastructure...
Larry Caudle
Article January 03, 2018
In most states, courts have ruled that a contractor who agrees to perform work for a lump sum will not be entitled to additional compensation due to unforeseen difficulties. Consequently, absent a specific contract provision to the contrary, a contractor is generally responsible for absorbing costs...
Uber
News December 14, 2017
The Justice Department is conducting at least one criminal investigation into ride-hailing company Uber, according to a letter made public this week.   The letter from the U.S. attorney's office for the Northern District of California does not specify exactly what is being investigated, but said...
autonomous vehicles and alternative transportation
News December 12, 2017
Lawmakers in the state of Florida are proposing the creation of a “Statewide Alternative Transportation Authority” that would oversee developing transportation systems for things such as autonomous vehicles.   The authority would be within the Florida Department of Transportation and would receive...
California Laurel Street Overcrossing

Work on abutments for the Laurel Street Overcrossing Replacement Project in Vallejo, Calif. Image: Caltrans

Article December 04, 2017
CALIFORNIA: At the forefront by Brian W. Budzynski, Managing Editor   There’s progress and then there’s progress, and those who know the difference can only be encouraged by some of the developments taking place in California.   As a result of the recent 12-cents-per-gallon gas tax increase passed...
Larry Caudle
Article December 04, 2017
The task of proving the effect unforeseen events such as differing site conditions have upon a contractor’s costs is usually easier said than done.   A contractor’s use of its estimated cost as a basis for doing so—the Total Cost Method—is the least favored and has been the subject of several...
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