Recent Articles

Federal Courts Overrule GAO and Require Reinstatement of Low Bidder

Sheppard Mullin
January 24, 2012 22:19

By Bram Hanono Contractors who file a bid protest challenging a federal contract award can do so in one of three forums: (1) the agency whose procurement decision is being challenged; (2) the Government Accountability Office ("GAO"); or (3) the Court of Federal Claims ("COFC")....

Arbitrators can decide validity of arbitration provision in construction contracts

Sheppard Mullin
December 02, 2011 22:57

By Edward Lozowicki and Robert Sturgeon   Binding arbitration of construction disputes is frequently required by standard industry contracts. For example, the contract forms published by the American Institute of Architects either require or provide an option for arbitration under the...

Public Private Partnership Upheld For Construction of Presidio Parkway

Sheppard Mullin
September 07, 2011 17:37

By Edward Lozowicki and Robyn Christo In 2009, the California legislature amended Section 143 of the Streets and Highways Code and greatly expanded availability of the public-private partnership ("P3") as a mechanism to finance transportation infrastructure projects. In early 2010, under...

Construction Arbitration Clause Calling for Expanded Judicial Review Must be Explicit and Unambiguous

Sheppard Mullin
July 28, 2011 19:00

By Robert Sturgeon Parties to construction arbitrations who are disappointed with the arbitrator's award are often doubly-disappointed to learn that they have very little chance of successfully appealing in a court to overturn the arbitrator's decision. Because arbitration is intended to be a...

"Good Faith" In Prompt Payment Disputes

Sheppard Mullin
June 24, 2011 16:51

By Candace L. Matson In California, the payment of contractors is governed by so-called "prompt payment statutes" which are sprinkled through various legislative codes, and which impose sanctions on the paying party for non-compliance. Progress payments by general contractors to their...

Developers Must Pay Prevailing Wages for Privately Financed Public Infrastructure

Sheppard Mullin
June 08, 2011 18:57

By Bram Hanono and Greg Woodard California Labor Code sections 1720 et seq. (the Prevailing Wage Law) ("PWL") require employers (including developers and contractors) engaged in public works projects to pay the prevailing wage to their employees if the project is "paid for in whole...

The Year 2010 In Review: Safety and Personal Injury Developments

Sheppard Mullin
April 28, 2011 18:14

This article is the eighth, and final, in a series summarizing construction law developments for 2010. By Candace Matson, Harold Hamersmith & Helen Lauderdale Tverberg v. Fillner Construction, Inc., 49 Cal. 4th 518 (June 2010) The peculiar risk doctrine is a judicially...

The Year 2010 In Review: Construction Insurance Issues

Sheppard Mullin
April 20, 2011 23:14

This article is the seventh in a series summarizing construction law developments for 2010. By Candace Matson, Harold Hamersmith & Helen Lauderdale Forecast Homes, Inc. v. Steadfast Insurance Co., 181 Cal. App. 4th 1466 (4th Dist. Jan. 2010), rev. denied, 2010 Cal. LEXIS 4356 A...

The Year 2010 In Review: Prevailing Wage & Employment Law

Sheppard Mullin
April 14, 2011 18:05

This article is the sixth in a series summarizing construction law developments for 2010. By Candace Matson, Harold Hamersmith & Helen Lauderdale Alameda County Joint Apprenticeship and Training Committee v. Roadway Electrical Works Inc., 186 Cal. App. 4th 185 (1st Dist. June...

The Year 2010 In Review: Public Works Of Improvement

Sheppard Mullin
April 07, 2011 18:21

This article is the fifth in a series summarizing construction law developments for 2010. By Candace Matson, Harold Hamersmith & Helen Lauderdale A. Bidding Great West Contractors Inc. v. Irvine School District, 187 Cal. App. 4th 1425 (4th Dist. Aug. 2010) In Great West...