Law

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...
California gas tax opponents get go signal to petition repeal
News November 22, 2017
Nobody loves a tax increase—even if it’s the most direct means to making improvements. Such is the case for a small contingent in the state of California, which, along with other West Coast states such as Oregon and Washington, recently passed a gasoline tax increase aimed at boost revenue for road...
Arkansas road project letting halts due to miswording
News November 10, 2017
The Arkansas Department of Transportation (ArDOT) has put a halt on contract letting for its 30 Crossing project due to a complication in the verbiage describing the purpose and aim of the project, one that AKDOT says will preclude federal funding of projects in the region.   According to the...
Larry Caudle
Article November 01, 2017
Nearly all construction contracts contain deadlines for completion of the work, and contractors face either liquidated damages at an agreed-upon rate or delay damages in an amount the owner actually incurs if completion is untimely. Most contracts also contain provisions for the extension of time...
Trump administration may back the first hike in the federal gasoline tax in decades in order to pay for the president’s proposed $1 trillion infrastructure package.
News October 26, 2017
According to political monitoring site The Hill, the Trump administration may back the first hike in the federal gasoline tax in decades in order to pay for the president’s proposed $1 trillion infrastructure package.   It is reported that Trump’s economic adviser Gary Cohn told moderate House...
autonomous vehicles
News October 10, 2017
The Senate Commerce, Science and Transportation Committee quickly approved a bill last week to clear the way for testing and deployment of automated, light-duty vehicles, after first amending it to deal with states' concerns about letting federal agencies block traditional state powers to regulate...
Larry Caudle
Article October 05, 2017
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...
highways
News September 26, 2017
The Federal Highway Administration (FHWA) responded yesterday to a lawsuit brought by environmental groups by reinstating a federal requirement that state and local planners track and curb carbon pollution from cars and trucks on the national highways.   On July 31, the Natural Resources Defense...
South Carolina roads to improve with gas tax funds
News September 19, 2017
South Carolina Department of Transportation (SCDOT) officials met with local leaders in the Charleston area to discuss, in specific, how much money is expected to be generated for the region by the state’s new gas tax, and where that money is going to be spent   Following a “fix-it-first” approach...
automated and connected vehicles
News September 08, 2017
The U.S. House of Representatives passed a bipartisan driverless car bill on Wednesday, advancing what could become the first set of federal laws for the emerging industry.   The “Self Drive Act” was unanimously approved by the House Energy and Commerce Committee in July, before Congress left for...
Larry Caudle
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...
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