Best Practices Construction Law

Best Practices Construction Law

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Matt has written articles and given presentations on all aspects of construction law. Find a resource here.

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Best Practices top posts include claims preparation, contract drafting, and litigation pitfalls. You don’t want to miss these ones.

Matthew DeVries

Matt is a construction & litigation attorney at Burr & Forman LLP and father of seven young kids.

Category Archives: Federal Construction

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FHWA Policy Defines What Land Can Be Acquired by Roadway Contractor

Posted in Federal Construction, Transportation
This must be the week for transportation.  Yesterday, I received an update from the Tennessee Road Builder’s Association about the acquisition of right of ways on Federal funded projects.  According to a memo from TDOT’s Chief Engineer Paul Degges, the Federal Highway Administration (FHWA) will be enforcing its policy that all property must be acquired… Continue Reading

TDOT Resists Borrowing for Bridges … and Other Project Finance Options

Posted in Federal Construction, Transportation
As I drove into work this morning, Nashville Public Radio had a piece this morning about TDOT’s resistance to borrow for bridge construction.  In case you did not know, TDOT employs a pay-as-you go method, which means the state will not borrow for new projects even when it has the opportunity. Last year, the Legislature… Continue Reading

How Can You Use Executive Authority to Achieve Greener Buildings? USGBC and Other Tell Us!

Posted in Federal Construction, Green Building
Whenever a 100-page legislative or legal report is released by an agency, association or group of individuals, the best place to go in the document is the Summary or Findings sections.  So, yesterdary, when the USGBC, AIA, SMACNA and other groups issued its 93-pager entitled Using Executive Authority to Achieve Greener Buildings: A Guide for Policymakers to Enhance… Continue Reading

New Rule Allows Federal Agencies to Require Use of Public Labor Agreements

Posted in Federal Construction
The Obama administration is scheduled to issue a final rule today that allows federal agencies to require public contractors to use public labor agreements (PLA) on large public construction projects. PLAs are collective bargaining agreements that establish the terms and conditions of employment for a specific construction project.  They have been used on private jobs, as well as state… Continue Reading

Aging Infrastructure: What? Why? Where? How? When?

Posted in Federal Construction, Legal Trends, Regional Construction
On Thursday, I will be joining a panel of construction attorneys and consultants to address the issue of aging infrastructure in America and, in particular, how to finance all the work that needs to be done. Our panelists include: Christopher Montez, Thomas, Feldman & Wilshusen, LLP, Dallas, TX Kenneth R. Baker, Hill International, Poway, CA Sarah Biser, McCarter &… Continue Reading

Federal Award in San Francisco: Lessons Learned About Future Construction

Posted in Federal Construction
I am in San Francisco this week for the MidWinter Conference of the American Bar Association Forum on the Construction Industry.  The topic this year is "Government Construction Contracting" and I will be tweeting under the hashtag #ABAConstruct. In news relevant to Federal contractors, construction industry players and Californians, the San Francisco Business Times reported yesterday… Continue Reading

“Shovel Ready” Enough for Funding? Analysis of Stimulus Funds for Road Construction and Repairs

Posted in Federal Construction, Tennessee
This morning I read Brad Heath’s article in USA Today, suggesting that the stimulus funding for road repairs has detoured and by-passed large metro areas with significant road problems. According to the USA Today study, half of the nation’s worst roads will receive only about 20% of the stimulus money allocated for street repairs. The reason—the roads were not shovel ready and were in… Continue Reading

Recovery.com versus Recovery.gov: Tracking Public Construction Projects

Posted in Federal Construction
I was listening to Nashville Public Radio yesterday morning about a new competition brewing on the Internet.  This battle was not as fierce as the one to become the greenest state in the South.  It was more like a friendly exchange of "we’re not in competition with each other because we offer similar, but different services" battle.… Continue Reading