Author Archives: Rick Goldstein

False Claims Fallout

Part 2 of 2. The Scollick and Supervalu cases offer sureties and producers insight into mitigating False Claims Act risk.

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Privilege: No Blanket Rule and a Heavy Burden to Successfully Assert Privilege

TREETY By Cavan S. Boyle of Ernstrom & Dreste LLP Fundamental to all litigation is the disclosure of information through the discovery process. So, too, is the mastery of strategies for protection of privileged material from such disclosure. In the surety context, certain privilege claims are common. For example, where the surety and principal work together against an obligee to ...

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How a Tax Incentive Within the Inflation Reduction Act Could Reshape the Construction Industry

VENCAVOLRAB By Marty McCarthy of Marcum LLP According to the Department of Energy, the tax incentives within section 179D primarily benefit property owners and tenants that make construction expenditures. If you haven’t revisited them lately, it’s important to note that they were greatly enhanced by the Inflation Reduction Act. Let’s take a closer look at the details of the new legislation, and ...

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The Modified Total Cost Method to Calculating Construction Damages

NUTHAWUT SOMSUK By John Mark Goodman of Bradley Arant Boult Cummings LLP A Colorado federal court will allow a contractor to prove up more than $250 million in damages using the modified total cost method (see AECOM Technical Services v. Flatiron AECOM, LLC, Case No. 19-CV-2811, 2024 WL 22640 (D. Co. Jan. 2, 2024)). The AECOM v. Flatiron case involves a Colorado DOT project to add ...

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Good News for Pandemic-Related Government Contract Claims: McCarthy HITT – Next NGA West JV

ILKERCELIK By Lauren Brier and Annie B. Hudgins of PilieroMazza On December 20, 2023, the Armed Services Board of Contract Appeals (the Board) denied the government’s motion to dismiss pandemic-related claims. In doing so, the Board rejected the government’s arguments, alleging that the claims (1) failed to state a claim upon which relief can be granted; (2) were barred by ...

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False Claims Fallout

The Scollick and Supervalu cases offer sureties and producers insight into mitigating False Claims Act risk.

Read More »

Contractors’ Capital Challenges

Satisfying surety bonding requirements, inflation, labor shortfalls, slow technology uptake, workplace safety, and rising interest rates are among the issues.

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