(This post is a guest blog post from John Sullivan, Esquire. John specializes in DBE issues and disparity studies. His website is www.crosonlegalservices.com and his he can be reached via email at email@example.com) The title of the recent USDOT Inspector General’s audit is blandly bureaucratic – “Weaknesses in the Department’s Disadvantaged Business Enterprise Program Limit… Continue Reading
Prescription drugs are an interesting paradox. When taken in the right dosage, prescription medicine can save your life. However, if you take too large of a dosage you risk killing yourself. Civic Associations that posit an similar paradox. On one hand, these associations give a voice to citizens who are rightfully concerned with the type and location… Continue Reading
The GAO recently published a report summarizing bid protest decision from the GAO for 2012. Of the several interesting statistics in the report, one jumps out 42% of all GAO bid protest result in some form of relief being awarded to the protester A copy of the report can be found here: GAO Bid Protest
Last week, I gave an overview of the claims typically raised in a construction defect case. This week we look at the defenses that a defendant in a construction defect case can raise. Typically, there are three categories of defenses a defendant in a construction defect case may be able to raise: Contractual; Statutory; and… Continue Reading
Yesterday, I was my comments on updating our nation’s power grid appeared in the Wall Street Journal.
I received a number of questions regarding my last post about the growing number of federal prosecutions involving fraud in disadvantage business enterprise (“DBE”) programs. Do the same rules apply to MBE and WBE contractors? Yes. MBE’s and WBE’s are both DBE’s. MBE stands for minority business enterprise. WBE stands for women (owned) business… Continue Reading
In March, I blogged about a proposal in the then draft Highway Spending bill which would and the potential impact it may have on the procurement method for federally funded highway and transportation project in Pennsylvania. Specifically, the draft bill amended 23 U.S.C. 112(b), which regulates bidding on Federal Highway projects, to allow for the… Continue Reading
Underground Construction has an article on the results of a study concerning the current state our water systems. The results are bad news for those that live in areas that are prone to water main breaks (like Philadelphia) and potential good news to the contractors that will be required to perform the work to fix,… Continue Reading
Following several high profile crane accidents OSHA has issued a final rule revising its rules on crane and derricks rules. http://www.osha.gov/cranes-derricks/
Most of the attention given to our country’s aging infrastructure has concerned what we should do to fix it. Most of the attention contractors have given it has concerned how they can fix it. However, contractors should also be giving attention to their current liabilities on aging – and long ago completed – infrastructure projects. … Continue Reading
A new trade organization called the Delaware Valley Marcellus Association has formed. According to the Association’s web page The Delaware Valley Marcellus Association acts as a new business conduit between gas development companies operating in the Marcellus Shale and the Philadelphia region’s rich trove of potential business partners. Founding members of the association include KPMG… Continue Reading
Whoever invented fracking should win an award. Watching this video made me realize that fracking is a triumph of human ingenuity rather than an environmental nightmare. On a less philosophical note, contractors should take notice on the construction techniques used to drill for natural gas. We have only begun to develop the infrastructure necessary to… Continue Reading
Not only is this case interesting for political reason, it also acts as a warning to contractors on federally funded construction projects. http://www.suntimes.com/news/watchdogs/12177400-452/the-watchdogs-clout-builder-settles-whistleblower-suit-for-64-million.html
On March 27, 2012, the Pennsylvania House of Representatives passed HB 1602, a bill that makes major changes to Pennsylvania’s mechanics lien law and if passed by the Senate and signed into law will impact any contractor working in Pennsylvania. All contractors should be aware that HB 1602 weakens a contractor’s most effective weapon against… Continue Reading
Opponents of project labor agreements are no doubt cheering two recent developments concerning wasteful PLA’s. In New York, a state court has ordered the NYDOT to cancel an interchange project because NYDOT violated New York competitive bidding laws by requiring a PLA on the project. According to ENR, at issue was a $72.4 million Orange… Continue Reading
If you are a contractor performing public work or an attorney representing them, you should check out www.papubliccontracts.com. The blog is published by my good friend and former mentor Chris McCabe and focuses on public contracting legal news and issues. It should be a great resource for public contracting related items.
Claims seeking compensation for delays in completion are a frequent source of litigation. Delays force a contractor to spend more money on manpower and material. Moreover, because a delayed contractor is forced to spend time completing the delayed project, it is unable to devote resources to other projects or potential projects. Therefore, the monetary value… Continue Reading
Wonders of the World
I am pleased to announce that the Federal District Court for the Eastern District of Pennsylvania has granted my Motion for Summary Judgment against the City of Philadelphia involving the demolition of a property by the City’s infamous Department of License and Inspections. A copy of the opinion is available here. Bullard v. City of… Continue Reading
The proposition that a contractor can be terminated for non-performance is unremarkable and well understood. However, nearly all public project construction contracts and many large private project contracts contain language that permits a general contractor or owner to terminate the contract at any time without cause. Clauses that grant an owner or general contractor the… Continue Reading
The Spearin Doctrine sounds like a foreign policy declaration from the 19th Century. Actually, the Spearin Doctrine is a powerful legal defense for contractors facing a claim of defective workmanship. When entering into a construction contract, a contractor agrees to perform a certain scope of work for an agreed upon price. Typically, a contractor’s scope… Continue Reading
Back in August I posted that Construction Executive Magazine had published my artcle on some best pratices in dealing with rising building material costs. I am pleased to report that Construction Executive has included that article in its year end “Guide to Business Survival,” which is published in this month’s issue of the magazine.
In celebration of the impending apocalypse, I am attaching for download a summary of the Pennsylvania, New Jersey, and Federal Lien and Bond Law Deadlines. Click here to download it. Summary of Bonds and Liens Law_Updated
One of the things I love about construction are the crazy pieces of equipment that are used on jobs. Engineering New Record has a short piece about “Big Stan,” which is believed to be the world’s largest truck mounted drill. According to ENR: The 250,000-lb, 93-ft-high boring behemoth was built in 1986 by Anderson Drilling,… Continue Reading