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Public Projects Contract Terms

Bricker Graydon LLP

Contracting as a Political Subdivision: Contracts for Services

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Ohio’s political subdivisions - such as townships, counties, and municipalities - are authorized to enter into contracts under the Revised Code. Although political subdivisions have the power of local self-government,...more

Holland & Knight LLP

New York Could Further Limit Retainage on Public and Private Construction Projects

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Proposed bills in the New York State Assembly and Senate would prohibit the retention of any amount of payment due and owing for materials delivered and accepted for public and private construction projects. The identical...more

Ballard Spahr LLP

Indiana Department of Transportation Expands “Progressive” Alternative Project Delivery Methods

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The Indiana Department of Transportation (INDOT) rolled out its new statutorily authorized pilot progressive design-build (PDB) and construction manager/general contractor (CMGC) transportation infrastructure project delivery...more

Bradley Arant Boult Cummings LLP

Prime Contractor Beware, No. 3: Tis The Season, but is your Retainage safe under the Tree?

Here’s the Scenario: Try explaining the concept of “retainage” to a businessperson unfamiliar with the construction industry at your next holiday party. Here’s the typical response as she spits out her eggnog: “Wait a minute:...more

Bricker Graydon LLP

Contracting with architects and engineers - New exception to QBS!

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A review of the statutory qualifications-based selection process and a new exception to the process - Ohio public entities are required to follow a qualifications-based selection (QBS) process when hiring an architect,...more

Williams Mullen

New Virginia Prompt Payment Statutes Invalidate Most 'Pay When Paid' Clauses

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On April 27, 2022, the Virginia General Assembly passed Senate Bill 550, which makes “pay when paid” and “pay if paid” clauses unenforceable in most circumstances and requires both public and private construction contracts to...more

Woods Rogers

Virginia’s New Construction Payment Terms (Part 1)

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(Part one of a two-part article series) Confused about “pay-when-paid”, “pay-if-paid” clauses and the requirements of Virginia’s Prompt Payment Act on Virginia construction contracts? A new law intending to change the...more

Barnea Jaffa Lande & Co.

Infrastructure Projects in Israel

Tel Aviv may be all dug up, and the sidewalks gone, but there is a light at the end of the tunnel – at least at the end of the tunnel between Lincoln Street and Yitzhak Sadeh Street. It isn’t only Tel Aviv that’s dug up. Work...more

Bricker Graydon LLP

Contracting with architects and engineers - What’s required today?

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A review of the statutory qualifications-based selection process and when it is required - Ohio public entities are required to follow a qualifications-based selection (QBS) process when hiring an architect, engineer or...more

BCLP

Scottish appeal court says NEC is not a charter for contract breaking

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The September 2020 decision by the Scottish Court of Session in Van Oord UK v. Dragados UK [2020] CSOH 87, which has now been appealed. The dispute centred on the ability of Aberdeen Harbour expansion main contractor Dragados...more

BCLP

PFI ‘Health Checks’: The latest proposal to manage PFI expiry risk

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On 16 December 2021, the PFI Centre of Excellence issued its Phase 1 PFI Expiry Health and Learnings Report. In this BCLP Insight, Jennifer Varley considers how these development areas may impact both the public and private...more

BCLP

The new security of payment regime in Hong Kong – key issues to consider before its implementation

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With the Hong Kong Development Bureau’s (DevB) contractual security of payment regime coming into effect from 31 December 2021 (the SOP regime), we now examine some important challenges which facing the Hong Kong construction...more

BCLP

Security of Payment in Hong Kong - pilot programme for public works contracts

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As the old saying holds, cash-flow is the life blood of the construction industry. In 2021, Hong Kong looks set to join Singapore, Australia and other jurisdictions in implementing a Security of Payment regime to...more

White & Case LLP

Senegal: A New Law Reforming Public-Private Partnership Contracts

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On March 15, 2021, Law No. 2021-23 of March 2, 2021 on public-private partnership contracts (hereinafter the "New PPP Law") was published in the Official Gazette of the Republic of Senegal No. 7407. It is presented as a...more

Burr & Forman

Pre-Bid Documents and Estimates Can’t Be Hidden Behind the Curtain in Disputed Delay Claims

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In WDF, Inc. v. City of New York,  No. 652478 (N.Y. Sup.) (Mar. 12, 2021), the contractor filed suit to recover damages from the City on numerous combined waste water treatment projects.  The contractor claimed that the City...more

Holland & Knight LLP

Is It Legal to Require Indemnification on Project Application or as Condition of Approval?

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Local agencies routinely require project applicants to agree to indemnification on application forms or as conditions of approval. These agreements or conditions of approval typically include language requiring an applicant...more

Farrell Fritz, P.C.

Expect Careful Scrutiny of Contractually Shortened Statutes of Limitations

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The statutes of limitations set forth in the CPLR are default rules, and parties generally are free to modify default rules by agreement.  But statutes of limitations also further the important public interests, such as...more

Wiley Rein LLP

Run-Off Endorsement Bars Coverage for “False Filings” Made in Connection with Construction Projects for State Agencies

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Applying New York law, a New York state trial court granted an insurer’s motion for summary judgment where an insured sought coverage under a private company D&O policy for a settlement it had paid for fraudulent filings for...more

Burr & Forman

No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

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If you are left in the dark about something, you don’t have the information you should have to make an informed decision. Delay claims on a construction can be confusing, especially when you think about the delay to the work...more

Smith Anderson

Impact of COVID-19 on Real Estate, Construction and Supply Contracts

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As coronavirus (COVID-19) continues to disrupt lives and businesses, it is important to consider how it may affect your real estate, construction, and supply businesses. Every situation and contract will be different, so it...more

Franczek P.C.

Court Decision Reminds School Boards of the Importance of “Sunshine” in Guaranteed Energy Savings and Other Construction Contracts...

Franczek P.C. on

In a recent Illinois Appellate Court decision, a taxpayer unsuccessfully challenged a school district’s guaranteed energy savings contract. School Board members should be aware of this decision because the favorable outcome...more

Bilzin Sumberg

Asociaciones público-privadas y resolución de disputas

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Hemos escrito mucho acerca de cómo las colaboraciones público-privadas (P3) ofrecen soluciones mejores y más eficientes para las necesidades de infraestructura pública y sobre cómo, debido a su eficacia, se han convertido en...more

Bilzin Sumberg

Public-Private Partnerships and Dispute Resolution

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We have extensively written about how public-private partnerships (“P3s”) offer better, more efficient solutions to public infrastructure needs, and about how, given their effectiveness, they’ve become a preferred method for...more

Troutman Pepper

What Constitutes an Emergency in Public Contracts?

Troutman Pepper on

In recent years, California has experienced the worst wildfires in its history, devastating the state and setting record-breaking highs. In just 2018 alone, the wildfires across California took 106 lives and burned more than...more

Miles & Stockbridge P.C.

Disputes and Claims for State Contracts in the DMV (D.C., Maryland, and Virginia) Part 2 of 3 – D.C.

This is the second part of our three-part discussion of state government contract claims and dispute processes in D.C., Maryland, and Virginia (see part 1 discussing the claims and disputes process in Maryland here). This...more

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