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Volume 6 - Number 36 | September 15, 2008
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EDITOR'S NOTES
The beauty of a democracy is that the citizens have a voice and are encouraged to use it. When a roadwork expansion project ripped through the center of a South Carolina town, the citizens were not happy. But four years later, when the five-mile stretch of road was still not complete and severely behind schedule, the citizens met and demanded that something be done. In an attempt to resolve the PR nightmare (as well as finish the road), the South Carolina Department of Transportation ended the contract for convenience, declared a safety emergency and issued a non-competitive award to another contractor. A watchdog citizen in another part of the state protested the award and filed suit against the DOT for evading statutory provisions. The end result for the town’s residents was that the road was completed. The state supreme court determined, however, that the project was not a safety hazard and that the DOT overstepped its bounds.
Also this week, a contractor successfully argues that it should not have to follow two different claim procedures when filing a claim. And, a contract that disallows consequential damages for late completion can still allow liability for direct losses associated with that delay.
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The Challenges of Lost Productivity
Lost productivity is one of the more insidious and elusive forms of contractor damages. This special report provides practical advice from experts in the field to guide you through possibilities and pitfalls of a lost-productivity situation. Learn the do’s and don’ts of with lost-productivity claims through real-life case studies and court decisions.
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Federal Contract Bid Protests Special Report
Unlike rules governing private sector projects, construction projects issued by federal agencies are subject to an extensive list of extra requirements under the Federal Acquisition Regulation (FAR). From small business classifications to surety bond issues, bid responsiveness to bidder responsibility, low bids to best value determinations, the likelihood of disagreeing on some aspect of a procurement or contract award is high. This special report offers bid protest guidance and a succinct overview of recent federal bid protest decisions.
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