Public contracts

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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The Pay-if-Paid War Continues!

The subcontractor community has waged war against pay-if-paid clauses for many years. But the war is not over, per two recent decisions, one from the Kentucky Supreme Court and one from a Connecticut trial court. The Kentucky Supreme Court held that… Read More
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Change Orders – Be Clear on Intent

Just as clarity in contracting is a virtue, clarity with change orders is a must. Witness the dispute in an Ohio case, when the original and incorrect prevailing wage reference was revised via change order. The project was for renovation of housing u… Read More
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About Stan Martin

Stanley A. Martin's Profile Image
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. During his career, he has been actively involved with the Associated General Contractors of Massachusetts, the Boston Society of Architects, the American Arbitration Association, and the Massachusetts Building Congress.

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