Public contracts

Possible Tracing of Public Funds Did Not Make Project Subject to Prevailing Wage Rates

A construction project was undertaken by the New York Racing Authority (NYRA), a not-for-profit entity established in 2008. Near its inception, NYRA had received $5 million from its predecessor, without any designation or restriction on use of the fu… Read More
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Specifications Trump Industry Practices

When the specifications call for temporary structures to be paid in a certain manner, it does not matter what the industry practice may be. That is the lesson learned by a structural steel supplier on a large bridge project. During the run-up to bidd… Read More
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NH Municipalities Cannot Invoke Same Statute of Limitations Protections as the State

Some states recognize the doctrine expressed in English as “no time runs against the king” and in Latin as “nullum tempus occurrit regi.” The doctrine arises from time to time when a state agency seeks to recover against a private company on… Read More
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Unsuccessful P3 Proposals Are Not Subject to Public Records Laws

In the ordinary course of public project procurement, bids of the competing companies become subject to public review after the bid opening. The Pennsylvania Commonwealth Court (an intermediate appellate court; see more below) recently held that the… Read More
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Statutory Amendment Extending Payment Bond Lawsuit Deadline Does Not Apply Retroactively

New York amended its payment bond law in 2011 to extend the timetable for filing a claim against a public project payment bond. The former deadline was one year after submitting an invoice for final payment. The amended law requires bond claim lawsui… Read More
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Beware Hidden Dangers of Attorneys’ Fee Provisions

First, I believe the trial court got it mostly right. But the appeals court had the last word. The case serves as a reminder that attorneys’ fee provisions at times do not always serve the greater purpose of balancing the stakes in litigation. Seco… Read More
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Bad Faith Violation of Procurement Code Does Not Require Sanctions

The Pennsylvania Supreme Court has held, over a sharp dissent, that a public authority’s bad faith violation of the PA Procurement Code payment sections does not require imposition of sanctions or attorneys’ fees. The decision focused on use of t… Read More
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Divided Court Strikes Arbitration Clause based on Unconscionable Remedies

Concluding that a dispute clause left homeowners with no effective remedy, a divided South Carolina Supreme Court has stricken an arbitration clause in a home construction contract. The dissent, citing recent US Supreme Court decisions, argued that t… Read More
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Timely and Untimely Notice of Claims – What’s the Difference?

New York passed a law on June 18, 2016, affecting the right of a public authority to bar a claim due to untimely notice. Richard Dyer of Duane Morris has written a summary. The law appears intended to address the situation where contractors have lost… Read More
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Inadvertent Contractor Prequalification Can Be Overridden by Public Authority

A Massachusetts trial court has held that a public authority, which inadvertently prequalified an electrical contractor who did not have the proper license, can override its own prequalification decision and reject a bid from the contractor. The cont… 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. Over the course of his career, he has served on boards and committees for organizations including the Associated General Contractors of Massachusetts, the Boston Society of Architects, and the Massachusetts Building Congress.

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