Construction Law Blog

Construction Law Blog

Payment in Governmental Construction Contracts in Maryland

The Maryland Court of Special Appeals recently denied payment to a governmental construction contractor for change order work that was performed and agreed upon onsite, because the contract required approval by the County Council regarding any amendment to the contract. Specifically, an architectural and engineering company entered into a governmental contract with Baltimore County for…

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Timely Bid Protests Offer A Second Chance at Government Work

Many businesses now look to the federal government for work because of the economic downturn, including BRAC, associated projects, and the opportunities created by set-aside contracts. Oftentimes, however, a contractor will have submitted its best proposal only to find that that it has not been successful and therefore must face the question of whether to…

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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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Maryland Laws Affecting Contractors Effective July 1, 2011

Maryland Laws Affecting Contractors Effective July 1, 2011 Effective July 1, 2011 certain laws passed by the Maryland General Assembly and signed by the Governor will go into effect. The following Laws may have an impact on your business as a contractor: Senate Bill 120/House Bill 456 – Minority Business Participation This Bill extends the…

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Maryland MBE and DBEs: Online Resources for MBE and DBE Applicants

Numerous online resources exist to assist potential Maryland MBE/DBEs navigate the application process. The following list contains important websites that any potential minority business enterprise or disadvantaged business enterprise should consult prior to filing of an application to the Maryland Department of Transportation. These online resources will assist in clarifying any potential questions that may…

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How to Work with Procurement Officers on MBE Contracts

Contractors in Maryland familiar with State and County procurement have likely experienced the heavy handed scrutiny of their Minority Business Enterprise (“MBE”) participation forms contained in their bid submissions. Quite often the procurement officer will reject bids for very minor irregularities in the MBE forms. For example, this law firm represented a contractor who submitted…

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Timing Your Bond Claim

As private construction projects remain scarce, many subcontractors are focusing on public work. While the government will certainly eventually pay its general contractor, delays are likely and you can expect the party with whom you contracted to drag its feet on payment as well. However, you should not let your bond rights slip in trusting…

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