On January 14, 2013, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) held that an offeror had standing to challenge the exclusion of its proposal from a competition even prior to a competitive range, despite the offeror’s submission of an incomplete proposal. In Orion Technology, Inc. v.…
Assembly Bill 2237, which took effect January 1, 2013, confirms that anyone, including a consultant to an owner-builder, who provides or oversees bids for construction, arranges for subcontractor work and schedules, and/or has oversight for a home improvement project is, in fact, acting in the capacity of a contractor and…
With the passage of Assembly Bill 1794, effective January 1, 2013, accurately and timely reporting new employees is now even more important. The new law authorizes the Employment Development Department (EDD), until January 1, 2019, to provide the specified new employee information to the Joint Enforcement Strike Force on the…
On December 7, 2012, the U.S. Court of Appeals for the Federal Circuit issued its first decision determining that government contractors need to challenge any obvious errors, improprieties, or ambiguities on the face of a solicitation amendment before award (extending its previous rule that such challenges to the initial solicitation…
The 22nd edition of Pillsbury’s Newsletter: Perspectives on Real Estate features articles on energy consumption data reporting (AB1103 and 531), construction and risk management, new foreign tax withholding forms, chapter 9 and public-private partnerships. Articles include: Energy Consumption Data Reporting in California — AB 1103 and 531 Real Estate and…
On November 20, 2012, the California Contractors State License Board posted an Industry Bulletin alerting licensees and applicants alike to a recent scam involving fraudulent calls asking licensees or applicants for their credit card information over the phone in connection with renewing their licenses, obtaining continuing education credits, or taking…
In deciding Westfield Insurance Company v. Custom Agri Systems, Inc., 2012 Ohio 4712, the Ohio Supreme Court recently held that defective construction or workmanship is not a covered “occurrence” under a commercial general liability (“CGL”) insurance policy, even if the defective work was performed by a subcontractor of the insured…
The replacement of the eastern span of the Bay Bridge is a process many here in the San Francisco Bay Area have had a first-hand view of, as the new span is being built next to the old span. According to Caltrans, the new span will be the longest Self-Anchored…
There is no doubt that Public-Private Partnerships will play an integral role in improving this country’s infrastructure in the coming years. By leveraging private investment, P3s have the ability to bridge the funding gap in many state and local governments. States are slowly recognizing that they can tackle critical infrastructure…
Last week, the Federal Energy Regulatory Commission (“FERC”) began enforcing Order 1000, a broad and detailed set of guidelines regarding the development of the nation’s power transmission system. The Order, which has been viewed as one of the most significant transformations to the electricity market in recent memory, impacts regional…