Aron C. Beezley and Gabrielle A. Sprio | BuildSmart The Small Business Administration’s (SBA) ostensible subcontractor rule remains one of the most consequential — and misunderstood — affiliation principles in federal procurement. For small businesses pursuing set-aside contracts, failing to navigate this rule properly can result in bid protests, loss of eligibility, and even contract… Continue reading Understanding the Ostensible Subcontractor Rule: Avoiding Hidden Affiliation Risks in Small Business Contracting
Tag: Advise & Consult
Contract Formation 101: General Contractor Prevails in Dispute with Framing Subcontractor
John Mark Goodman | BuildSmart A contract is an exchange of promises that a court will enforce. In the fast-paced world of construction, disputes often arise over whether the parties actually formed a legally enforceable contract. The general rule is that to form a contract the parties must reach a meeting of the minds on the… Continue reading Contract Formation 101: General Contractor Prevails in Dispute with Framing Subcontractor
Eleventh Circuit Clarifies Notice Requirements Under Claims-Made Policy
Miguel Rodriguez | Carlton Fields The Eleventh Circuit Court of Appeals affirmed summary judgment in favor of Nautilus Insurance Co. in L. Squared Industries Inc. v. Nautilus Insurance Co., holding that an insured’s failure to provide timely notice of a pollution condition under a claims-made policy barred coverage when the insured could not rebut the presumption… Continue reading Eleventh Circuit Clarifies Notice Requirements Under Claims-Made Policy
Understanding and Presenting a Mediator’s Proposal
Marc Alan Fong | JAMS A mediator’s proposal is essentially a settlement suggestion issued when negotiations reach impasse. The mediator proposes a dollar amount—or a set of terms—and asks each side to accept or reject it confidentially. If both sides accept, the case settles. If either declines, no one learns the other’s decision, preserving leverage… Continue reading Understanding and Presenting a Mediator’s Proposal
The Wildfire Litigation Series: Part 1 — Fast Action in the Aftermath
Xavier Oustalniol, Kristofer Buchan and Kimberly Ratto | StoneTurn In the aftermath of wildfires, rapid action is essential for both victims and their legal teams. Part One of our Wildfire Litigation Series explores the immediate steps forensic experts must take to assess economic damages and support claims. From gathering critical data under intense time constraints… Continue reading The Wildfire Litigation Series: Part 1 — Fast Action in the Aftermath