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New York State Court Voids Project Labor Agreement Requirement On DOT Project – Orders Re-Bid


A New York State court judge rejected a DOT requirement of a Project Labor Agreement (PLA) on a highway project in Orange County.  In an Article 78 proceeding a non-union low bidder challenged the award.  Because the DOT failed to demonstrate that the use of the PLA advanced the interests of the State’s public bidding statutes the court set aside the award. [Read More]
 
 
 
 

Practices For Reducing Exposure To False Claims Liability – An Interview


For those who have been following the developments in the false claims arena, you no doubt have that lingering thought that one of your or your client’s claims will inevitably attract a response that everyone loathes and fears – it’s a false claim!  For those of you who don’t  --  watch out!  So, I and Nicole Woolard, an associate in the Construction Group, sat down with Patrick McGeehin, CPA, of FTI Consulting to get his suggestions on best practice recommendations for avoiding federal and other public agency false claim allegations.  [Read More]
 
 
 
 

Design-Build Project Delivery In New York


Design-Build project delivery has gained ground recently in New York.  In a sweeping budget deal last month (December 2011), including provisions restructuring the personal income tax code, New York authorized certain state agencies to utilize design-build for road, bridge and other capital projects in excess of $1.2 million.  The agencies benefitting from the deal include the Department of Transportation, Office of Parks, Recreation and Historic Presentation and the Department of Environmental Conservation.  Awards are to be made on a “best value” basis to bidders from a prequalified list.

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Another State Joins List Of Anti-Additional Insured.


Effective this month, the State of Texas has joined the lists of states with anti-indemnity and anti-additional insured statutes.  In legislation signed last summer by Gov. Rick Perry but not effective until January 1, 2012, Texas joined the now long list of states prohibiting clauses in construction contracts requiring indemnification of indemnitees for their negligence.[Read More]
 
 
 
 
 

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.