ODOT Changes the Rules on Prequalification

On January 8, 2021, ODOT held a hearing to notify the public of its intent to change its rules regarding contractor prequalification. Notice and copies of that rule change can be found here. Essentially, ODOT modified 5501:2-3-03 and 05 to “lower” the amount a contractor can bid on ODOT construction projects by lowering the dollar […]

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New Loss of Labor Productivity Standard on the Way

Common are the construction projects that do not go as planned. Schedules slip as unexpected problems occur and pressure builds on all project participants to “catch up” and still preserve the project budget and completion date. It is typical in these circumstances to see acceleration and delay claims arising from these schedule impacts. Claims for […]

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4th Circuit Rules for Subcontractor on “Subcontract vs. Miller Act” Issue

In the recently decided case of Aarow/IET, LLC v Hartford Fire Insurance Company, No. 19-1710 (4th Cir. 2020), the U.S. Court of Appeals for the Fourth Circuit issued a victory for a subcontractor whose federal Miller Act (payment bond) claim had been preliminarily dismissed by the Eastern District of Virginia trial court after that court […]

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Legal New Year’s Resolutions for 2021

Most of us are only too eager to see 2020 come to an end, even if it has been a pretty good economic year for the construction industry. Here are some 2021 New Year’s Resolutions to help you start the year off right. 1. Talk to your bonding agent about removing any personal liability from […]

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Get Ready for Rigorous MBE/DBE Requirements

While minority and disadvantaged business enterprise (MBE/DBE) requirements for the construction industry are nothing new, recent electoral developments and the possibility of a COVID-relief driven infrastructure bill promise added emphasis on MBE/DBE requirements and enforcement. It is not too early for contractors to align themselves with reputable MBE/DBE “partners” in anticipation of this growing market. […]

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