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Gravel2Gavel Construction & Real Estate Law Blog

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Virginia is for lovers – and heavy civil contractors.

Virginia Gov. Bob McDonnell wants to increase the percentage of any year-end surplus and sales tax that is spent on transportation projects. According to this article, the specific proposals include: * Increasing transportation’s share of year-end surpluses to 75 percent. * Authorizing the Commonwealth Transportation Board to implement a version…

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Virginia wades deeper into the promise of P3

Virginia announced a $940 million dollar P3 agreement with Flour-Transurban. The agreement calls for the construction of a 29 mile hot lane to ease the Virginia’s traffic congestion, especially during rush hour. The agreement calls for Fluor-Transurban to pay $843 million and Virginia to $97 million. Most of the current…

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Money in search of a Project

A funny thing happened at a recent ENRNewYork infrastructure conference titled Where’s the Money? — they found some. During a panel discussion concerning infrastructure financing, both Robert Dove, Managing Director, The Carlyle Group and Christophe Petit, President, Star America Infrastructure Partners, told the large audience that they had “money to…

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Show me the money! US to Invest $4 Billion in Sustainable Construction

With all the talk — and all the press — about our cash-strapped federal government, you’d think that announcements of new government spending would be few and far between. But not if you’re into green building. President Obama is teaming with former President Clinton to invest $4 Billion — yes,…

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The Walls Come A’ Tumblin Down: Implosion of CityCenter’s Harmon?

OK, the walls haven’t come a’ tumblin down yet. But stay tuned. It wasn’t enough to chop a 47 story building down to 26 floors — in the middle of construction. Engineers for CityCenter, in Las Vegas, have said they need to implode the unfinished building before it collapses in…

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Battling Unfair Unsats (Todd Construction, L.P. v. U.S.)

Historically, when a government contractor received an “unsatisfactory” performance rating (“Unsat”) that was issued without proper procedures being followed or was substantively erroneous, the contractor’s only immediate recourse was to ask the agency to reconsider. Otherwise, the contractor had to wait to seek judicial review through a bid protest on…

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U.S. Supreme Court Narrows Definition of Corporate Citizenship – Opening Door to Federal Courts

Article Co-Authored with Christian Henel The United States Supreme Court has settled a long-standing split among lower courts on the definition of a corporation’s “principal place of business” for purposes of diversity jurisdiction in federal court. The Court held a corporation has a single principal place of business for purposes…

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Expert Reports, Communications Get Work Product Protection in Amendment to Federal Rules

  Don’t email our testifying expert! Keep it all verbal – phone calls or in person. And for crying out loud, never let your expert keep drafts of his report!   For the last 17 years, this sort of talk has been commonplace for lawyers and clients working with testifying…