Supplemental Conditions

Monthly Archives: March 2012

Commonwealth Court Rules Bid Specification Concerning Performance Bond is Non-Waivable

Posted in Public Bidding

Last month the Commonwealth Court issued an opinion that reiterated the need not deviate from the requirements of the bid specifications when bidding on public work. Section 1402 of the Pennsylvania Borough Code requires all contracts in excess of the base amount of $18,500 to be made to the lowest responsible and responsive bidder.  Generally,… Continue Reading

The New Highway Spending Bill and the Construction Manager Project Delivery Method

Posted in Contracts, Public Bidding

Most of the attention given to the  Moving Ahead for Progress in the 21st Century Act (“MAP-21”) highway spending bill that the Senate recently passed has been focused on the potential stimulating effect the bill with have on the construction industry in terms of dollars that will be allocated to certain projects.  Of interest to… Continue Reading

Two Blows Dealt to Project Labor Agreements

Posted in Construction Law, Project Labor Agreements

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

7 Essential Construction Contract Clauses: Design v. Performance Specifications (Part 6 of 7)

Posted in Contracts

The contract specifications will often instruct the contractor to do more than simply build a particular building element using certain materials. While sometimes the specifications will simply instruct the contractor to build an element in a particular fashion, other times the specifications will instruct the contractor to construct a building element in a manner that… Continue Reading

Public Contracts Blog

Posted in Construction Law

If you are a contractor performing public work or an attorney representing them, you should check out  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.