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Compliance with contractual notice provisions

Duane Morris LLP
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USA
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February 15 2013

A recent decision of New York City Office Of Administrative Trials And Hearings ("OATH") highlights the significance of compliance with each and

When is litigation history a sign of unreliability?

Duane Morris LLP
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USA
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October 12 2012

An Atlanta-area school district, already embroiled in construction litigation, learned that the replacement contractor hired to salvage a project has also been involved in litigation

Second Circuit upholds project labor agreements for public contracts

Duane Morris LLP
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USA
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June 5 2012

In The Building Industry Electrical Contractors Association v. The City of New York, 2012 U.S. App. Lexis 9160, 193 L.R.R.M. 2177, The Second Circuit recently upheld the dismissal of an action brought on by two contractor associations, challenging the validity of a Project Labor Agreement (“PLA”) entered between the City of New York and the Building and Construction Trades Council of Greater New York and Vicinity (“BCTC”

When the developer can't rely on the owner's engineer

Duane Morris LLP
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USA
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February 9 2012

The natural give and take between contractors and the design professionals sometimes gives way to litigation revolving around the contractor’s ability to rely on the design professional’s actions

Project labor agreements are once again part of the public bidding process in Philadelphia

Duane Morris LLP
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USA
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December 12 2011

On November 29, 2011, Mayor Michael Nutter signed Executive Order No. 15-11, which provides, effective immediately, that the City of Philadelphia may incorporate into its instructions to bidders, and other relevant bid documents, the absolute right to require that a potential bidder execute and comply with a project labor agreement ("PLA"), as a condition to the award of a public construction contract

Proposed changes in prevailing wage law face panel hearings

Duane Morris LLP
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USA
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August 11 2011

Three bills designed to lower the cost associated with the use of prevailing wage in public construction are the subjects of public hearings by the House Labor & Industry Committee

Massachusetts court invalidates build-to-suit lease under construction bid laws

Duane Morris LLP
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USA
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June 25 2010

Massachusetts' highest court recently ruled that a long-term lease of a build-to-suit dormitory facility to the University of Massachusetts, Lowell (UMass Lowell), violated the Commonwealth's public construction bid laws, limiting the ability of public authorities and private developers to use creative financing and delivery methods to solve budget shortfalls currently limiting many capital development projects

Federal Circuit affirms $50 million civil fraud verdict against Korean construction contractor

Duane Morris LLP
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USA
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April 14 2009

In a much-anticipated decision, the U.S. Court of Appeals for the Federal Circuit, on February 20, 2009, affirmed the U.S. Court of Federal Claims' decision awarding the federal government more than $50 million against the Daewoo Engineering and Construction Co., Ltd. (Daewoo) and forfeiting the contractor's other claims in excess of $13 million

President issues Executive Order encouraging the use of project labor agreements on federal construction projects

Duane Morris LLP
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USA
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March 9 2009

In a sharp reversal of existing federal policy, and yet another move signaling the Obama Administration's policy shift to a stance that is far more friendly to unions than that of his predecessor, on February 6, 2009, President Obama issued Executive Order 13502, which encourages the use of project labor agreements (PLAs) on federal construction projects