April 2014

You are browsing the site archives for April 2014.

On April 24, 2014, the United States Court of Appeals for the 11th Circuit issued an opinion affirming summary judgment denying a claim by the estate of a subcontractor’s employee against a general contractor’s commercial general liability (“CGL”) policy. Stephens v. Mid-Continent Cas. Co., 2014 WL 1623737 (11th Cir. 2014) (more…)

The lack of LEED experience cost an incumbent service contractor the ability to protest the award of a federal contract to its rival, according to an opinion released on April 22, 2014 by the United States Court of Federal Claims.  In Hughes Group, LLC v. United States, 2014 WL 1604330 (Fed. Cl. 2014), the incumbent contractor for janitorial and landscape services filed a bid protest over the government’s award of a contract to another service contractor.  Id.  The basis of the protest was the allegation that the government impermissibly engaged in discussions with the successful bidder that allowed it to make beneficial changes to its proposal.  Id. (more…)

On Friday, April 11, 2014, Governor Bryant signed Senate Bill 2622 and thus made that bill the new construction lien law, effective immediately, applicable to public, private and residential construction works in Mississippi.  We previously summarized the bill.  The bill is located at Mississippi Statute 85-7-401 et seq. of the Mississippi Code of 1972. (more…)

Force majeure clauses are a very important, but often overlooked, provision in all contracts, and are particularly important in construction and supply contracts.  Whether a force majeure clause is included in a contract, and the precise language of the clause, will determine the enforceability of the contract and the parties’ obligations thereunder if certain uncontrollable outside events—a “force majeure”—prevents performance.  Accordingly, contracting parties are well-advised to negotiate the terms of a force majeure clause to protect their interests and prevent excessive exposure to liability in the event of a force majeure. (more…)