Jay R. Houghton – April 6, 2012 Proposing or bidding on federal government contracts requires that a contractor strictly comply with multiple regulations, as well as the requirements stated in the agency’s solicitation (“RFP” or “IFB”). If a contractor fails to do so, the likely result is that the expensive and time consuming proposal effort… Continue reading Late Bids/Proposals
Category: Construction
Contractual Indemnity
Hubert J. “Hugh” Bell, Jr. – April 6, 2012 Two recent decisions by Georgia appellate courts have addressed the issue of contractual indemnity. The Supreme Court of Georgia in the Kennedy Dev. Co., Inc. v. Camp, 290 Ga. 257 (2011) found that an indemnity provision in an assignment and assumption agreement was unenforceable. Kennedy, the… Continue reading Contractual Indemnity
FINALLY, a CD Coverage Case in New York!!
Aquatectonics, Inc. d/b/a Loebs & Gordon PoolCraft v. The Hartford Casualty Insurance Company Well, the attack on insureds via the restrictive definition of “occurrence” (a true double edged sword for carriers), continues to march forward this time right into the Empire State, a jurisdiction not known for a plethora of CD cases nor coverage opinions… Continue reading FINALLY, a CD Coverage Case in New York!!
A Contractor’s Implied Non-Delegable Duty
Lochlin B. Samples – April 6, 2012 A recent Tennessee Supreme Court case, Federal Insurance Co. v. Winters, 354 S.W. 3d 287 (Tenn. 2011), addressing two previously unresolved issues in Tennessee, concluded that a contractor has an implied duty to perform work in a careful, skillful, and workmanlike manner and that, absent the owner’s consent, this duty… Continue reading A Contractor’s Implied Non-Delegable Duty
OSHA Fines Massachusetts Construction Company $50,000
Powers, DiCicco & Sahagian – April 10, 2012 Construction sites can be dangerous places owing not only to the machinery present but also to the constant movement that takes place there. Fortunately, when a construction accident occurs, the injured worker is often eligible to receive workers’ compensation benefits. With this fact in mind, readers may… Continue reading OSHA Fines Massachusetts Construction Company $50,000