Let’s get ready to rumble! According to an ENR-Southeast article by Scott Judy, the road builders in Florida are preparing for another fight against legislators who have raided the state’s transportation trust fund. This is the second year in a row the Florida legislature has taken measures to raid the transportation funds for general
Legal Trends
Communication, Communication, Communication: Lessons from a BIM Lawsuit
Last year around this time, I blogged about a new report indicating that half of the construction industry was using building information modeling (BIM) on their projects. Last week, the BIM community lit up in response to an article by Nadine Post, which was featured in both Engineering News-Record and Architectural Record.
A…
Federal Stimilus Monies: Where Employment and Construction Law Intersect
A portion of my construction practice involves employment issues. You can imagine the types of employment-related questions that arise on the project site:
- Hiring, firing and layoffs
- Harassment and discrimination
- Wage payment and commission claims
- Employee policies, including computer use and social media
- On-the-job injuries and fatalities
- State and Federal OSHA requirements
- Prevailing wage laws,
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Check Out the 2011 Construction Law Update for Construction Cases and Statutes
In the weeks leading up to the ABA Forum on the Construction Industry’s annual meeting in Scottsdale, Arizona, a number of construction attorneys and I were feverishly reviewing submissions for this year’s Construction Law Update. The document is a compilation of cases and legislation affecting the construction industry. The updates are provided throughout the…
How Should You Prepare for a Bid Protest on a Transportation Project?
Not a week goes by that I don’t receive a telephone call or a question from someone asking general bid protest questions. While a bid protest dispute will largely differ based on whether it is a local, state or federal project, here are some ways you can prepare:
- Be prepared to follow the rules.
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Heart and Mind: Joint Venture Agreements on Construction and Transportation Projects
A recent article in the Nashville Business Journal equated a joint venture on a construction project to a marriage: "Want a successful joint venture? Think seamless."
The article offered several points of what should be addressed in the joint venture agreement before pursuing work:
- Address potential consequences. Parties should address the potential consequences
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Heads Up Public Contractors! Nashville to Pass Non-Discrimination Bill Including Gender and Sexual Orientation
As reported in the Nashville Business Journal and News Channel 5 (video), a non-discrimination bill passed on a second reading at Metro Council last week. The council voted 21 to 16 in favor of the bill that would add two new classes to the procurement code Metro contractors already follow. These companies would not be…
Digital Signatures in Construction Contracts: Are They As Good As the Real Thing?
A few months ago, I did a webinar on project documentation. At the end of the webinar, one of the participants asked, Are digital signatures as good as hard copy signatures?
I addressed this exact question in a feature article that I wrote for ABC’s Construction Executive magazine on the paperless construction project. …
What Can You Get Out of the ABA Forum on the Construction Industry?
As many of you know, I am involved in the ABA Forum on the Construction Industry, which is the largest organization of construction lawyers in the United States and abroad. The mid-winter meeting is coming up on January 20, 2011 in New York City. The one-day conference focus is “Do You Think it’s…
Where’s Matt? Speaking about Construction Law in Texas and North Carolina
Where’s Waldo? The real question is, Where’s Matt? If you’ve wondered where I have been the past few days, try looking in Texas and North Carolina. I have been preparing to speak at two construction law conferences in two different states. Look closely and you might find me.
On Thursday, I will be speaking at…