The Federal Prompt Pay Act sets time limits for payment of government construction contractors
The provisions of the Act are summarized and linked to over at Construction Lawyer-Utah.
Posted In Construction Claims & Disputes , Construction Contracts , Construction Law , Construction Litigation , Government ContractsComments / Questions (0) | Permalink
When is owner non-compliance with payment terms a material breach of contract?
A material breach by the owner ordinarily relieves the contractor of his duty to perform. Non-payment by the government as a material breach of contract is the subject of a Government Contracts Litigation post.
Posted In Construction Contracts , Construction Law , Government ContractsComments / Questions (0) | Permalink
Levee study says people died because of faulty design and construction
The breaches in the New Orleans levees during Katrina were caused by negligent design, construction and maintenance and parts of the system will still be flawed after current repairs are completed according to a just completed study reports the New York Times.
Posted In Construction Defects & Defective Construction , Construction Law , Government Contracts , Hurricane KatrinaComments / Questions (0) | Permalink
More on Katrina construction flaws
Dan Hawbacker over at the Construction Law Blog points to a number of reports dealing with the collapse of the levees and other Katrina related construction defects and failures.
Posted In Construction Law , Government Contracts , Hurricane KatrinaComments / Questions (0) | Permalink
The Election-Doctrine under the Contracts Disputes Act
Under the federal Contract Disputes Act, a construction contractor seeking to overturn a contracting officer's final decision must either file a notice of appeal to a board of contract appeals within 90 days of the decision or file a complaint in the U.S. Court of Federal Claims within a year after the decision.
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Dangerous levels of formaldehyde in FEMA trailers caused by faulty construction?
Tests by the Sierra Club indicate many FEMA trailers in Mississippi and Louisiana have elevated levels of formaldehyde that are causing victims of Hurricane Katrina to become ill, reports the SunHerald.
>> Continue Reading Posted In Construction Defects & Defective Construction , Government Contracts , Hurricane Katrina , Sick buildingsComments / Questions (0) | Permalink
Jury should not be allowed to interpret warranty against faulty materials and workmanship
The ContractsProf Blog summarizes an appellate decision holding the trial court erred in allowing the jury to decide the intent of an unambiguous one year warranty of materials and workmanship.
Posted In Construction Claims & Disputes , Construction Contracts , Construction Defects & Defective Construction , Construction Law , Construction Litigation , Government ContractsComments / Questions (0) | Permalink
Another report faults the Corps of Engineers
A panel of engineers has concluded "[t]he corps did not follow its own procedures in monitoring the rate of subsiding and rising of water levels around the city...and based the design of the levee system on outdated information...." reports the New York Times(free subscription).
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Modeling how New Orleans sank
McGraw Hill Construction reports on the Katrina levee failure analysis and rebuilding effort being led by the Corps of Engineers.
Posted In Construction Defects & Defective Construction , Construction Law , Government Contracts , Hurricane KatrinaComments / Questions (0) | Permalink
Consolidation of federal Contract Appeals Boards
There is a podcast overt at ContractsProf Blog on what new legislation consolidating the civilian contracts appeals board will mean for government contract claims attorneys.
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Katrina lawsuits in Louisiana
On Christmas day, The Times Picayune in New Orleans reported on lawsuits being filed against the U.S. Army Corps of Engineers and others for damages caused by Hurricane Katrina.
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"It's like killing a fly with a sledge hammer"
The New York Times today gives front page treatment in this article and the above illustration to the slow and expensive pace of the U.S. Army Corp of Engineers clean up efforts in Mississippi and Louisiana. The article confirms what local folks told me when I visited the Gulf Coast a couple of weeks ago to see a contractor client's clean up operations first hand.
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Free On-line legal encyclopedia and dictionary
The InhouseBlog points to Wex--a collaboratively-created, public-access legal dictionary and encyclopedia--sponsored by the Legal Information Institute at CornellLaw School.
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