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|Your Proposal May Be Accessible to Your Competitors: Safeguard Trade Secrets in Government Procurement|
Lane Powell PC;
May 2, 2014, previously published on April 24, 2014Businesses submitting bids, responses to requests for qualifications, and proposals to state and local agencies must remember that generally their submissions are subject to disclosure under the Public Records Act (PRA). The PRA has limited exceptions. Many contractors and professionals have...
|PA Supreme Court Decides Bricklayers Case: Unions No Longer Have Mechanics' Lien Rights in Pennsylvania|
Lori Wisniewski Azzara, Jason A. Copley; Cohen Seglias Pallas Greenhall & Furman PC;
May 2, 2014, previously published on April 25, 2014As we first reported back in January of 2012, the Pennsylvania Superior Court issued a decision in Bricklayers of Western Pennsylvania Combined Funds v. Scott’s Development Co. that significantly changed the meaning of the Pennsylvania Mechanics’ Lien Law. In its decision, the Superior...
|Five Questions to Ask When Drafting or Reviewing a Contract|
George F. Burns; Bernstein Shur;
April 30, 2014, previously published on April 24, 2014Contractors, owners and designers in the construction industry want to build and complete projects. They don’t really want to be buried in mountains of paper. However, one of the most important first steps on any construction project is to make sure that the contract documents match the...
|Getting Paid: Mechanics Liens|
Michael R. Bosse; Bernstein Shur;
April 30, 2014, previously published on April 24, 2014Springtime is upon us and everyone in the construction industry is gearing up for increased work over the next several months. Doing good work though isn’t enough to make you profitable at the end of the year. Your receivables need to be managed in a smart and efficient manner. Many of you...
|Liquidated Damages - Carefully Crafted to Avoid Litigation|
Robert E. Travers; Williams Mullen;
April 30, 2014, previously published on April 29, 2014Necessity may be the mother of invention, but uncertainty is certainly the mother of litigation. In the context of construction contracts, the uncertainty that most often results in an expensive trial is not whether a party breached an agreement; rather it is the amount of damages the non-breaching...
|Workers' Compensation + Retaliation = Missouri Supreme Court Adopts the "Contributing Factor" Standard|
Laura J. Bettenhausen; Baker Sterchi Cowden & Rice, L.L.C.;
April 29, 2014, previously published on April 22, 2014On April 15th, the Missouri Supreme Court abandoned the “exclusive factor” test and replaced it with the “contributing factor” test in cases under Section 287.780 R.S.Mo., in which former employees claim they were fired due to the fact that they filed a workers’...
|PennDOT Shortlists Four Teams for its Rapid Bridge Replacement P3 Project|
April 28, 2014, previously published on April 16, 2014The Pennsylvania Department of Transportation (“PennDOT”) has announced that based upon responses to PennDOT’s request for qualifications for its Rapid Bridge Replacement Project, a public-private partnership involving the construction of more than 500 bridges, it will invite four...
|Virginia Procurement: Low Bidder vs. Best Value|
Jordy Murray; Rees Broome, PC;
April 25, 2014, previously published on Winter/Spring 2014Except for certain enumerated exceptions, competitive sealed bidding is generally the only available method for Virginia’s department and agencies to procure goods and services, including construction services.
|Potential Roadblock to the Recovery of Claims|
Andrew N. Felice; Rees Broome, PC;
April 25, 2014, previously published on Winter/Spring 2014A recent decision in a case by the United States District Court for the Western District of Virginia may have a far reaching impact upon contractors working on projects administered under the Virginia Public Procurement Act (the “Act”). The contractor in the case was awarded a jury...
|Sabine Pass LNG Files Monthly Construction Status Report|
Sutherland Asbill Brennan LLP;
April 25, 2014, previously published on April 22, 2014Sabine Pass LNG filed a report with FERC covering construction activities through March 2014 at its LNG export terminal in Cameron Parish, La. Stage 1 (liquefaction trains 1 and 2) engineering is 96.0% complete, procurement is 94.6%, and subcontract and direct hire construction work are 37.7% and...