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Giving Power to the Arbitrator: Permissible and Impermissible Delegations of Power
  • Smith Currie & Hancock
  • USA
  • April 20 2016

The construction industry has long been a leader in the use of arbitration. An arbitration clause was first included in the AIA standard form


Where Does the Duty of Care Flow? Limiting Limitless Liability for Construction Managers
  • Smith Currie & Hancock
  • USA
  • March 31 2016

Construction managers are often in an unenviable position. With expansive contracts, construction managers perform multiple tasks that may impact


Challenging Negative Performance Evaluations
  • Smith Currie & Hancock
  • USA
  • March 4 2016

In the course of evaluating the past performance of offerors competing for the award of a federal contract, agencies routinely examine performance


A Retreat from "Fairyland": The Sixth Circuit Reduces Damage Award in Circle C Litigation
  • Smith Currie & Hancock
  • USA
  • March 1 2016

A recent False Claims Act decision by the Sixth Circuit Court of Appeals appears to have drastically reduced the damages recoverable by the federal


Making the Best of a Bad Situation: Where and How Contractors Can Find Insurance Coverage for Civil Violations of the False Claims Act
  • Smith Currie & Hancock
  • USA
  • February 4 2016

The False Claims Act (FCA) makes it unlawful to present a “false or fraudulent” claim for government reimbursement. A claim can be “factually” false


Record retention requirements regarding federal contracts
  • Smith Currie & Hancock
  • United Kingdom, USA
  • January 12 2016

On January 4, 2016, the federal government changed its own contract retention obligations. FAR 4.805 was amended to simplify the federal government's


"Consumer Expectations" Test In Design Defect Products Liability Case
  • Smith Currie & Hancock
  • USA
  • December 24 2015

In Aubin v. Union Carbide Corp., 40 Fla. L. Weekly S596 (Fla. Oct. 29, 2015), the Florida Supreme Court recently resolved an important conflict


Florida Reaffirms "Consumer Expectations" Test in Design Defect Products Liability Cases
  • Smith Currie & Hancock
  • USA
  • December 23 2015

In Aubin v. Union Carbide Corp., 40 Fla. L. Weekly S596 (Fla. Oct. 29, 2015), the Florida Supreme Court recently resolved an important conflict


Finding an "unrealistically low price" does not permit an agency to simply eliminate a proposal from competition
  • Smith Currie & Hancock
  • USA
  • December 3 2015

The Court of Federal Claims just issued a significant opinion in KWR Construction Inc. v. United States, regarding an agency's rejection of a


American Institute of Architects - new documents on demand
  • Smith Currie & Hancock
  • USA
  • November 26 2015

The American Institute of Architects has published a new ownerconsultant agreement, and several new design-build project forms. The first new