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Gravel2Gavel Construction & Real Estate Law Blog

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Maryland moves to modernize its Public Private Partnership law.

Maryland’s Lt. Governor Anthony Brown led a joint executive and legislative commission to make recommendations for modernizing Maryland’s statutory framework for P3s. The Commission’s work led to legislation, designated as SB358/HB576, that passed the House of Delegates this week and is expected to pass the Senate in the coming days.…

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Tappan Zee Replacement — Which came first, the RFP or the PPP?

When we posted yesterday about the RFP for the Tappan Zee Bridge replacement, we perhaps missed the most important aspect of the Instructions to Bidders: No Obligation to Award. (It’s on page 40, for those keeping track.) Usually this sort of provision is a safety valve. Here, it might be…

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The Tappan Zee replacement: Bidders must design to last 100 years, but do they have to design it to survive the rapture?

The RFP is out for the replacement for the Tappan Zee Bridge. Before you decide that you want to submit a bid, let me break the bad news to you: Unless you’re one of the four shortlisted firms who made it through the qualifications stage, which you can see here…

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What if Your Insurer Goes Bankrupt and No One Tells You?

“Does an insurance broker, after procuring an insurance policy for a developer on a construction project, owe a duty to apprise a subcontractor that was later added as an insured under that policy of the insurance company’s subsequent insolvency?” In this issue of first impression in California, the Fourth District…

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Separation of Insureds Applies to Deductible Payments

Often on a construction project an insurer will point to the conduct of one insured contractor to exclude coverage for a different insured contractor under the same policy. Inevitably the innocent contractor points to the Separation of Insureds provision, which is a common provision in many insurance policies, to argue…

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The East End Crossing: Indiana Plans to Take Advantage of its P3 Enabling Statutes

On March 8, 2012, the Indiana Finance Authority (IFA) issued a RFQ to design, build, finance, operate and maintain a tolled bridge facility and associated roadway and facilities (the “East End Crossing”) through a public-private partnership agreement. If this piques your interest, the Statements of Qualification are due April 9,…

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The First Step to Dispute Avoidance: Execute the Contract BEFORE Work Commences

Dating back to Hammurabi’s code in the early fourth millennium B.C., continuing through the development of the U.S. Constitution, and still present in today’s professional culture, a dominant theme has arisen: before any process involving participation of multiple individuals or entities with differing goals can be successfully administered, a fixed…