Sworn Statement of Amount Due – Louisiana’s Public Lien

Here at Wolfe Law Group, I have been blogging a lot lately on liens for both public and private projects (See other posts here). Anytime a property is owned by and arm of the state then you are dealing with a public project. Although, this seems simple, many contractors do not always see the connection. The […]

Common Law Analysis – Pay-if-paid, Pay-when-paid & Liquidating Agreements in Construction Contracts

In a recent decision, Sloan & Company v. Liberty Mutual Insurance Company ("Sloan"), the US Court of Appeals for the Third Circuit has an in depth discussion regarding some technical yet very important clauses found within many construction contracts between general contractor, subcontractors, owner and the surety. Although the court interprets Pennsylvania law, these concepts […]

Louisiana Supreme Court Reverses Bad Decision That Allowed Bidders to Defraud the State

If you recall, on October 19, 2010, I discussed what I believed to be a very poor decision rendered by the Louisiana First Circuit, concluding that when a bidder on a public project defrauds the State, the State is refused any remedies. Well, apparently the Louisiana Supreme Court agreed with me (for once), because it […]

For Louisiana Contractors Bidding on Public Works Projects: This Case is for You

For all you Louisiana public works contractors out there bidding for public works projects to expand your private business or bidding for public works projects because that’s what you’ve always done – whatever the case may be - the 4th Circuit Court of Appeals is on your side. For cities and states trying to construct […]

Ignorance of Law Can Cost You Debarment on Federal and State Construction Projects

I recently came across an interesting blog post on Mike Purdy’s Public Contracting Blog that includes a report by the Washington State Department of Labor & Industries releasing an updated list of debarred contractors in Washington.  The post itself highlights the hugely important issue of contractor debarment that every state or federal contractor should be […]

New Mississippi Resident Preference Law Is Important for Louisiana Contractors Crossing Border

Earlier this year, Mississippi passed into law Senate Bill 2370, amending the resident preference statute for Mississippi public works projects:  Miss. Code Ann. § 31-3-21(3).   The bill is extremely important to Louisiana contractors who do (are want to do) business on public projects in Mississippi.  If you fail to abide, you're bid will be considered […]

How To Get Your Small Contracting Business Considered for King County Public Works Projects

Not every public works contract is worth millions of dollars...and legislatures across the country (including the U.S. Congress) is interested in giving some public work to small and/or minority contractors. An example of this public interest can be found in RCW 39.04.155, which establishes "small works roster contract procedures" for Washington counties.    This statute authorizes […]

Comment Period for Seattle’s New Construction Standards Expiring Soon

The City of Seattle has stuck with the same Construction Standards since 2008 (you can download the current standards in PDF here), and they are poised to publish a new edition in the early part of 2011.   What will these new standards look like?   That, for the time being, has not yet been completely determined. […]

When Bidder on Public Project Defrauds the State, Louisiana 1st Circuit Refuses the State Any Remedies

In my view, the Louisiana First Circuit just rendered a very poor decision.   The decision was written by Judge William J. Kline (serving pro tempore) in the matter State of Louisiana v. Infinity Surety Agency, LLC, et al, 2010 CA 0123, Louisiana First Circuit Court of Appeal (Rendered September 10, 2010). In Louisiana, when a […]