Ah, Paris – arguably the most romantic place in the world (although my vote would be for MetLife Stadium). In a recent twist on Parisian public displays of affection, locals and tourists alike have taken to affixing locks to some of the city’s bridges and throwing the keys into the…
Gravel2Gavel Construction & Real Estate Law Blog
National Defense Authorization Act for Fiscal Year 2013 – New Procurement Rules Coming
In January, President Obama signed the National Defense Authorization Act for Fiscal Year 2013 (“NDAA”), which includes numerous new procurement policies directed at contractors and how they bid on and perform government contracts. To learn more about this, click here to read the client alert.
Trends in Single-Family Housing
To learn more about the ways investors and new market entrants are attempting to develop what is emerging as a new single-family asset class, the regulatory changes that have caused banks to retreat from participation in the mortgage servicing business, and compliance challenges for existing and new servicers, click here…
Prohibition on Contract Awards to Companies That Were Formerly Based in the United States
On January 29, 2013, a final rule was issued prohibiting the award of contracts to inverted domestic corporations. The final rule requires an offeror to represent that it is not an inverted domestic corporation and creates potential liability if the contractor’s legal status changes after the contract is awarded. To…
Denying Coverage Based on the Insured’s Lack of Cooperation – A Difficult Standard for Insurers to Meet
An insured’s duty to cooperate with its insurer in the investigation and potential payment of claims is essential to the insurance relationship and is often a condition precedent to coverage. As the Supreme Court for the State of Washington recently affirmed, however, an insurer’s ability to deny coverage based on…
California Contractors State License Board Confirms Asbestos Certification Does Not Authorize Universal Removal/Abatement
Recently, the California Contractors State License Board (CLSB) issued an Industry Bulletin confirming that contractors may not perform abestos removal or abatement work if the work is not performed within the contractor’s license classification(s). An asbestos abatement certification by itself is not a CSLB contractor’s license classification. To obtain such…
Even Offerors Eliminated Before the Competitive Range May Have Protest Standing
On January 14, 2013, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) held that an offeror had standing to challenge the exclusion of its proposal from a competition even prior to a competitive range, despite the offeror’s submission of an incomplete proposal. In Orion Technology, Inc. v.…
New CA Law Refines Law About Who is a “Contractor” to Bolster Consumer Protection
Assembly Bill 2237, which took effect January 1, 2013, confirms that anyone, including a consultant to an owner-builder, who provides or oversees bids for construction, arranges for subcontractor work and schedules, and/or has oversight for a home improvement project is, in fact, acting in the capacity of a contractor and…
CA Employment Development Department Now Authorized to Share New Employee Information
With the passage of Assembly Bill 1794, effective January 1, 2013, accurately and timely reporting new employees is now even more important. The new law authorizes the Employment Development Department (EDD), until January 1, 2019, to provide the specified new employee information to the Joint Enforcement Strike Force on the…
Challenge Problems in Solicitation Amendments Before Award: A Friendly Reminder from the Federal Circuit
On December 7, 2012, the U.S. Court of Appeals for the Federal Circuit issued its first decision determining that government contractors need to challenge any obvious errors, improprieties, or ambiguities on the face of a solicitation amendment before award (extending its previous rule that such challenges to the initial solicitation…