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
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
As a construction attorney, I have been on both the sending side and receiving side of a request for a time extension. In the construction world of competitive bidding, however, the request for an extension can create problems. Today’s post illustrates one of those problems.
Continue Reading Formal and Informal Bid Extensions on a Construction Project
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
I was working in our Virginia office this past week and was amazed at the amount of highway construction at and around Tyson’s Corner. What also caught my attention was the progress of the 495 Express Lanes project, which includes the construction of high occupancy toll (HOT) lanes that will operate on the I-495/Capital Beltway.
In the absence of a new transportation policy, investment in infrastructure is largely left to alternative sources of funding, such as Public Private Partnerships (PPPs). With all the buzz about PPPs, contractors should first learn the “basics” about alternative financing and then appreciate the risks.
Continue Reading Risky Business: What Contractors Need to Know About Alternative Funding for Infrastructure
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
Many delay, disruption, and loss of productivity claims are lost or substantially reduced in value because mistakes, errors and carelessness are reflected in the original schedule and plan of operations. The original schedule is often the first piece of documentation that the owner receives demonstrating the contractor’s professionalism in planning and management.
Contractors should pay