Volume 2 - Number 30 | July 26, 2004 - Construction Claims Advisor

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You are here: Home » Volume 2 - Number 30 | July 26, 2004

Volume 2 - Number 30 | July 26, 2004

EDITOR'S NOTES | Issue 2-30: Our first two cases show that the Freedom of Information Act can work for and against companies in contract disputes with government entities. A third case shows that a corporation filing a court action needs a lawyer. Our last case involves actions involving crane failures in Missouri which the appeals court ruled were not barred by Kansas statue of limitations.
Tips and Techniques takes a look at the 100-Day Arbitration Procedures drafted by the Society of Construction Arbitrators from across the pond. Arbitration in the US has become as costly and time-consuming as litigation; perhaps we can learn something from the Society’s efforts.

AMTRAK PREVAILS ON PROTECTION OF PRIVILEGED DATA IN NE CORRIDOR FOIA REQUEST: In a case involving the Northeast Corridor railway electrification project, attorneys representing the contractor sought certain material under the FOIA, which a district court ruled was not protected. On appeal, Amtrak was successful in having the material declared privileged under the FOIA’s Exception 5, commonly known as the “deliberative process privilege.”

DC CIRCUIT COURT FORBIDS AIR FORCE FROM RELEASING MCDONNELL DOUGLAS’ BID INFORMATION TO LOCKHEED UNDER FOIA: In this “reverse” FOIA case, a competitor has sought to obtain pricing details of an existing contract. An appeals court allowed partial release.

CORPORATION MUST BE REPRESENTED BY AN ATTORNEY, HOWEVER, FAILURE TO DO SO IS A CURABLE DEFECT: A corporation must be represented by a licensed attorney before court proceedings. In this case, the trial court dismissed a corporate complaint filed without an attorney. The court of appeals reversed the dismissal and held that the corporation’s failure to secure representation was a curable defect, allowing the corporation to amend the complaint.