Supplemental Conditions

Monthly Archives: March 2013

PA Board of Claims Has Exclusive Jurisdiction Over Contractor Claims

Posted in Public Bidding, Public Contracts

My age makes me part of perhaps the last generation to go to college where computers, the internet, and email were not in widespread use.  Before the internet age, Villanova University, where I went to undergraduate and law school, would notify students of the time and location of final exams by posting several small print… Continue Reading

What Happens When You Do Not Follow DBE Rules?

Posted in Disadvantage Business Enterprises (DBE), Public Contracts

You end up paying $1.15 million to the Justice Department to settle claims that you violated the False Claims Act.  As reported by ENR, Caddell Construction of Montgomery, AL, agreed to pay the Justice Department $1.15 million to settle charges that it violated the False Claims Act by —  you guessed it — committing DBE… Continue Reading

DBE/MBE Goals Threaten to Make Complete Mess of Project

Posted in Disadvantage Business Enterprises (DBE), Public Bidding, Public Contracts

Here is one I have not seen before, a project that threatens to get derailed because the general contractor proactively included M/WBE goals in its contract.  The story reported in the Baltimore Business Journal  involves M/WBE hiring goals in Whiting-Turner’s contract to build the Horseshoe Casino in Baltimore.  According to the story, Whiting Turner, the project’s general contractor,… Continue Reading

Bid Protests Are Worth It!

Posted in Public Bidding, Public Contracts

So concludes an upcoming report by the former Dan Gordon, the former head of the Office of Federal Procurement Policy. According to Gordon, among the pro’s of a bid protest are: Protests introduce a relatively low-cost form of accountability into acquisition systems by providing disgruntled participants a forum for airing their complaints; They can increase potential bidders’… Continue Reading

Milton Friedman, Pencils, Oil, and Construction

Posted in Construction Law

Besides generating some interesting SEO results it address comments I received concerning why I mentioned Milton Friedman in an early post about domestic oil and natural gas drilling.  Watch this famous discussion by Professor Friedman and then apply the principals to how the construction industry will be impacted by domestic oil and natural gas production.

How to File a Federal Bid Protest

Posted in Public Bidding, Public Contracts

In recent years, as private work has become more scare, the competition for public projects has increased.  In turn, so have the number of bid disputes challenging the awards of those public contracts.  Since 2006, the number of bid protest filed with the Government Accountability Office (“GAO”) has nearly doubled from approximately 1,300 protest filed… Continue Reading

Does Anyone Know About Pennsylvania’s Public Private Partnership Law?

Posted in Public Contracts

Last week I took PennDot to task for not mentioning Pennsylvania’s new public private partnership legislation when it was complaining about the lack of financing available for infrastructure projects because one of the main purposes of the act is to finance transportation projects.  In this weekend’s Wall Street Journal Money magazine, there is an article “How… Continue Reading

Drill Baby, Drill

Posted in Construction Law

I love everything about our Country’s oil and natural gas boom.  This commercial is a great example of how domestic energy production is transforming America  (the only thing that could have made this ad better would have been a Robert DeNiro voiceover). Drilling opponents should be forced to watch it. The men and women in… Continue Reading

Shale Construction Boon

Posted in Marcellus Shale

The explosion of oil drilling in the Bakken Shale is causing a construction boom in East Coast rail yards.   Oil terminal work is particular hot in the Philadelphia area.  According to ENR: In Eddystone, Pa., Enbridge is turning the site of a shuttered coal plant into a rail terminal able to take delivery of… Continue Reading

Does PennDOT Know We Have a Public Private Partnership Act?

Posted in Public Bidding, Public Contracts

The Pennsylvania Department of Transportation recently released its first ever “Transportation Performance Report, a detailed rating of the state’s efforts in safety, mobility, system preservation and accountability, with the results underscoring the need for additional transportation investment.” According to the report “In the categories of system capacity enhancements, local bridge conditions, pavement reconstruction and transit infrastructure,… Continue Reading

How to Count Material Suppliers Towards DBE Goals

Posted in Contracts, Public Bidding

(Note:  My DBE related blog post are always among the most read.  When I recently asked folks for help coming up with a future blog post topic, DBE “regular dealer” issues was a near unanimous response.) Under the Department of Transportation (“DOT”) DBE regulations, contractors can only count the value of the work actually performed by a… Continue Reading