Public contracts

Owner Need Not Respond to Contractor’s Claims Within Any Timeframe

Contractors often face strict or limited notice periods, in which to advise the project owner of a claim or issue. Some contracts even include forfeiture provisions, where the contractor’s failure to give timely notice acts to nullify the claim. Bu… Read More
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Subcontractor’s Right to Direct Payment from Public Authority

Subcontractors on public projects in Massachusetts have the right to seek payment directly from the awarding authority when the prime contractor has not made timely payment. A Massachusetts Superior Court judge has reinforced the awarding authority… Read More
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Reckless Misclassification under Davis-Bacon Creates False Claims Act Liability

A US Court of Appeal has held that “reckless misclassification” of workers under Davis-Bacon can – due to amendments of the False Claims Act (FCA) in 2009 – can result in a contractor being liable under the FCA. And this liability could cover… Read More
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Notice by Email Was Sufficient for Miller Act Bond Claim

We knew this day would come, since email is now the primary means of written communication. A material supplier made a payment bond claim solely via email. No letter was sent by mail, much less sent by certified mail as required under the Maryland Li… Read More
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Limitation on Pursuit of Prevailing Wage Law Claims

Workers for a waste disposal company with municipal contracts were not paid prevailing wages, as required by the Massachusetts prevailing wage act. They filed suit for those claims under both the prevailing wage act (PWA) and the Massachusetts wage a… Read More
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Falling Tree Limbs and the Government Contractor Defense

A bicycle rider was injured when struck by a falling limb, during tree trimming work in conjunction with a U.S. Army Corps of Engineers drainage project. The bike rider sued the contractor in Louisiana state court, and the contractor removed the case… Read More
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Payment Bond Surety Cannot Compel Subcontractor to Arbitrate

A Maryland federal court judge has reminded a payment bond surety that it cannot compel arbitration with the subcontractor making a claim under the bond. Baltimore Steel Erectors filed suit against Hanover, the payment bond surety for ARGO Systems on… Read More
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NH DOT Had Authority to Procure Electronic Tolling Services Through Best-Value Process

The New Hampshire Department of Transportation, using a best-value process, awarded the EZ-Pass electronic tolling system back office work to a new vendor. The original vendor challenged both the authority of the DOT to conduct this procurement (argu… Read More
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Unfortunate (and Unexpected) Restriction on Additional Insured Status

The New York Court of Appeals, in a split decision, has focused on one word in deciding that a owner’s construction manager was not entitled to additional insured status on the general contractor’s policy. The contract required the GC to include… Read More
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Payment Bond Does Not Cover Claim for Lost Work Opportunity

A subcontractor claiming that the general contractor failed to use and pay for a minimum number of workers made a claim against the GC’s payment bond, for the value of the workers not hired. A federal court has held that the Miller Act bond does no… Read More
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