A recent case out of Pennsylvania again raises the oft disputed issue of whether a surety may be sued for bad faith by the beneficiary of the bond. Courts throughout the country have reached differing conclusions as to whether bad … Continue reading
Monthly Archives: June 2013
Whistleblower Claims Should Concern You
The Department of Labor recently announced a large settlement involving alleged Disadvantaged Business Enterprise fraud. While the settlement amount, $2.88 million, is significant, I found the whistleblower’s share, $562,370.00, is even more significant. The False Claims Act generally applies to … Continue reading
A Lesson in the Battle of the Experts – San Francisco Bay Bridge
The problems with the Bay Bridge are not yet resolved, but a panel of experts has indicated that the Bridge is ready and safe to open. Not surprisingly, other experts disagree. Just like in a construction case, experts can reach … Continue reading
Habitat for Humanity – Builders’ Blitz 2013
This past week was the Omaha Builders’ Blitz for Habitat for Humanity. During this event, nine construction companies constructed nine homes in just one week. This year’s builders were: Lueder Construction Company, JE Dunn, MCL, Kiewit, Build Omaha, Muhle, Vantage, … Continue reading
Are you Waiving Your Rights Good-bye?
Every contractor has been asked to sign a lien waiver. But, are you closely reviewing the waiver? Do you know what rights you are waiving? Lien waivers usually contain some version of the following: This waiver constitutes a representation by … Continue reading
The DBE Program is Not Working
The U.S. Department of Transportation’s Office of Inspector General completed its audit of the Disadvantaged Business Enterprise and found that the program is not working. (Hat Tip to Wally Zimolong, Supplemental Conditions) The scathing audit found that the entire DBE … Continue reading