Awards of Attorneys’ Fees and Statutory Penalties are “Discretionary” even when the Government acts in Bad Faith

In A. Scott Enterprises Inc. v. City of Allentown, the Pennsylvania Supreme Court held that an award of statutory interest and attorneys’ fees under Section 3935 of the Procurement Code is not automatic even where a jury finds the public owner to have(…)

President Obama’s Fiscal Year 2017 Proposed Budget Includes Over $10 Billion for Federal Building Fund

The U.S. General Services Administration (GSA) is the federal government’s real estate manager and director of the government’s real estate investment strategies. The Agency’s FY 2017 funding requests, submitted along with the President’s proposed bud(…)

Proposals Submitted to PennDOT for CNG Fueling Station P3 Project

On January 4, 2016 the three shortlisted proposers competing to enter into a public-private partnership (a “P3”) with the Pennsylvania Department of Transportation (“PennDOT”) submitted their proposals.  The award of the P3 contract, which calls for c(…)

Commonwealth Court Affirms Award of Delay Damages to Government Contractor despite Contract’s “No Damages for Delay” Clause

The Commonwealth Court recently concluded that a contractor in a Pennsylvania public project can be entitled to delay damages, even if there is a “no damages for delay” clause in its contract, as long as the delay was caused by the government’s “activ(…)

West Virginia Amends Public Project Change Order Process then Adopts Emergency Rule Restoring Previous Process

On July 1, 2015, amendments to West Virginia’s laws governing public construction took effect.  Among the changes ushered in by those amendments was a new requirement that all change orders for public construction be approved by the Purchasing Divisio(…)

Pennsylvania Department of Transportation Announces New P3 Project to Construct 37 CNG Fueling Stations

On September 29, 2014, the Pennsylvania Department of Transportation (“PennDOT”) issued a press release announcing that the Pennsylvania Public-Private Partnership (“P3″) Board approved a project seeking a private partner to design, build, finance, op(…)

Babst Calland Attorneys Publish Article on Public-Private Partnerships

The February/March 2014 edition of Foundation Drilling Magazine features an article written by Babst Calland attorneys Richard D. Kalson and Marc J. Felezzola entitled “P3:  The Future of the Construction Industry?”  The article discusses the growing(…)

PennDOT Shortlists Four Teams for its Rapid Bridge Replacement P3 Project

The Pennsylvania Department of Transportation (“PennDOT”) has announced that based upon responses to PennDOT’s request for qualifications for its Rapid Bridge Replacement Project, a public-private partnership involving the construction of more than 50(…)

Allegheny County Could have as Many as 60 Bridges Constructed as Public-Private Partnership Projects

The Pittsburgh Post-Gazette recently published an article about how Pennsylvania’s Department of Transportation (“PennDOT”) plans to replace at least 500 decaying bridges across Pennsylvania via public-private partnerships (“P3”).  According to the ar(…)

Virginia Supreme Court Rules in Favor of $2.1 Billion P3 Project

On October 31, 2013, the Virginia Supreme Court unanimously overruled a lower court’s decision to strike down the Virginia Public Private Transportation Act (“P3”) In December 2011 the Virginia Department of Transportation (“VDOT”) and Elizabeth River(…)

Data Indicates that the Construction Industry Unemployment Hit a Six-Year Low in September

According to a press release issued by Associated General Contractors of America, an analysis of the most recent government data indicates that employment in the construction industry rose by 20,000 jobs in September, and the industry’s unemployment r(…)

Federal Government Shutdown Having Limited Affect on Federal Highway Administration Construction, but Affecting Federal Contract Solicitation and Awards

As the shutdown of the federal government enters its second week, its impact on federally funded construction projects has been somewhat muted because of the way that certain federal agencies receive their funding.  For example, because the Federal Hi(…)

Association of General Contractors’ Website Has Resource Center for Contractors Affected by Government Shutdown

The Association of General Contractors has created a Resource Center to provide information to government contractors about the current federal government shutdown.  The Resource Center, which is available here, contains links to contingency plans dra(…)

New Law Removes Cap on Set-Asides for Contracts with Women-Owned Small Business

In October 2010, the Small Business Administration implemented the Women-Owned Small Business Program, which authorized contracting officers for federal agencies to set aside certain federal contracts for eligible and qualified Women-Owned Small Busin(…)

Federal Regulations Prohibit Texting While Driving on Federal Construction Projects

Although a lot has been made of the Ohio legislature’s recent decision to ban texting while driving in the Buckeye State, this ban, and Pennsylvania’s similar ban, should be nothing new to contractors and subcontractors working on federal construction(…)