Archive for August 2011

New Rules Set For Federal Contractor Hiring

The Department of Labor recently issued a final rule implementing a January 30, 2009 Executive Order titled “Nondisplacement of Qualified Workers Under Service Contracts” that requires a follow-on contractor to give employees of an outgoing contractor a right of first refusal to fill positions if they would otherwise be terminated. It is a common practice…

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$675 Million Bid Protest Upheld in Favor of Maryland Construction Company

The United States Government Accountability Office (“GAO”) recently upheld a bid protest for a Maryland construction company in a $675-million design-build contract for upgrades to the flood control system in New Orleans, Louisiana. Bechtel Infrastructure Corporation, based out of Frederick, Maryland, lost its bid for the Permanent Canal Closures and Pump Stations (“PCCP”) to CBY…

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Oral Modifications to Construction Contracts

Very often construction contracts contain provisions that explicitly require that the parties reduce all modifications to a contract into writing. These “non-waiver” clauses are ostensibly written to prevent the enforceability of oral modifications to agreements or modifications by contract. Recently, the Maryland Court of Appeals reaffirmed its reluctance to strictly enforce these provisions and instead…

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