We live in a world of e-mails, IMs, texts, Snapchats, Instagrams and the occasional fax. Although information is transmitted instantaneously in today’s environment, proof of receipt of that information (often called “Notice”) remains subject to some very strict rules imposed by contract, case law or statute.
Notice of Claims. In a recent transportation case involving
We have all read about the consequences of the recent government shutdown, including postal services , the housing market , and even OSHA investigations. Thanks to my partner, Mark Leach, for sharing an example of how the shutdown has affected the transportation and road building industry.
Last year, the
On May 21, 2013, the Office of Inspector General of the U.S. Department of Transportation provided an update to Congress on the Moving Ahead for Progress in the 21st Century Act (MAP-21), requiring the Acceleration of Project Delivery (Subtitle C). MAP-21 is the first long-term surface transportation authorization since 2005 and provides for $105 billion
Today’s guest post is from my good friend and law partner, Mark Leach, who focuses on health care law, construction disputes and public procurement matters. Mark served as a panel member on DBE Compliance at the October 25, 2012, ARTBA Construction Law and Regulatory Forum. You can contact Mark at (502) 681-0583 or
A contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. The Severin doctrine provides that a general contractor cannot sue an owner on behalf of one of its subcontractors to recover monies due to the subcontractor unless the general contractor is itself liable to the subcontractor.
The Background.
On September 6, 2012, the USDOT issued a Notice of Proposed Rulemaking that proposes three categories of changes to DOT’s disadvantaged business enterprise program. Today’s post outlines the three changes and its applicability to the MAP-21 reauthorization.
Continue Reading USDOT Issues New Proposed Rule on DBE Programs
I recently spoke to a group of highway contractors about disadvantaged business enterprise (DBE) laws and regulations and some of the different policies among the state departments of transportation. Did you know that in FYI 2010, special agents with USDOT’s Office of Inspector General (DOT-OIG) were responsible for 92 indictments, 72 convictions and over $18
When contractors seek additional compensation for changes, differing site conditions or other delays, they must convince the DOT or court of the amount they are entitled to be paid. Today’s post discusses one approach to recovery.
Continue Reading Measured Mile: How Contractors Can Recover for Lost Productivity
Some of the most frequent public contracting questions I receive are about the permissible activities for joint ventures between a minority contractor and a larger contractor. In February 2011, the Small Business Administration made some significant changes to its Section 8(a) business development program, which helped me answer many of those questions.
One major category
On July 15, 2011, the USDOT’s Office of Inspector General (DOT-OIG) issued a final report on the Federal Highway Administration’s (FHWA) oversight of federal-aid and Recovery Act projects administered by Local Public Agencies (LPA). You can download a copy of the report here [pdf].
The DOT-OIG initiated the audit because the FHWA previously acknowledged that LPAs