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Public Works Contracting-Liquidated damages Archives

Public Works Contracting-Liquidated damages

In case entitled Greg Opinski Construction v. City of Oakdale (Cal. Ct. App. October 6, 2011) a California Appellate Court held that when a public works contract requires notice is given as a condition for getting an extension of time and notice is not given the contractor cannot later claim that the delay was caused by the public entity. This is noteworthy since it refutes prior precedent that allowed a contractor to assert that the liquidated damages should not be assessed since the public entity delayed the project during a period of concurrent delay.

Expansion of public-private partnership model survives court challenge in Doyle Drive/Presidio Parkway case

The public-private partnership ("P3") delivery method involves public agencies contracting directly with private parties to perform improvement projects, with private parties sharing in cost and risk burdens. California Street and Highway Code §143, enacted in 1989, authorizes the use of P3's on some state highway transportation projects. In 2009 the legislatures amended Section 143 to greatly expand the statutory authorization of P3's for state highway transportation projects.

Federal Public Works Contractors Will Now Be Vetted Through A Central "Responsibility" Database, and Must Meet New Self-Reporting Requirements

As of April 22, 2010 new rules require contracting officers to investigate bidders for "responsibility" using a central government database, entitled the Federal Awardee Performance and Integrity Information System ("FAPIIS"). All contractors awarded Federal public works projects must be deemed "responsible" in addition to being the low responsive bidder. "Responsibility" determinations have previously been made using an ad hoc list of sources, including licensing information, lists of excluded contractors, and information requested by the contracting officer. Now the FAPIIS must also be consulted.

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