Public contracts
Claims Based on General Contract Obligations “Sounded in Negligence” and Were Thus Barred by the Statute of Repose
January 26th, 2023
A project owner has learned that claims based on shoddy work, as opposed to violation of a specific technical requirement, will be deemed to “sound in negligence” and be subject to the statute of repose. In Massachusetts, the statute of limitatio…
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Owner Need Not Respond to Contractor’s Claims Within Any Timeframe
July 13th, 2022
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…
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Subcontractor’s Right to Direct Payment from Public Authority
January 21st, 2022
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…
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Reckless Misclassification under Davis-Bacon Creates False Claims Act Liability
July 16th, 2021
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…
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Notice by Email Was Sufficient for Miller Act Bond Claim
May 7th, 2021
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…
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Limitation on Pursuit of Prevailing Wage Law Claims
July 22nd, 2020
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…
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Categories: Public contracts
Falling Tree Limbs and the Government Contractor Defense
January 14th, 2020
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…
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Payment Bond Surety Cannot Compel Subcontractor to Arbitrate
July 24th, 2019
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…
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NH DOT Had Authority to Procure Electronic Tolling Services Through Best-Value Process
October 18th, 2018
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…
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Unfortunate (and Unexpected) Restriction on Additional Insured Status
March 28th, 2018
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…
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