News & Publications
GAO’s Bid Protest Annual Report Shows Record High Effectiveness Rate While NDAA Calls for Bid Protest Study
The federal bid protest system saw a number of developments last month that government contractors should keep in mind as they consider potential bid protests in the new year. In December, the Government Accountability Office (GAO) released its Bid Protest Annual Report to Congress for Fiscal Year 2016, showing a higher number of total cases filed since the previous year, a significant increase in sustained protests, and a record high effectiveness rate of 46 percent. Read more.
Project Management Consultants Expands Again in Cleveland
Former Cleveland Economic Development Director Tracey A. Nichols Joins Firm
CLEVELAND – January 9, 2016 – Project Management Consultants (PMC), a subsidiary of Thompson Hine LLP, is pleased to announce that Tracey A. Nichols, the former director of economic development for the city of Cleveland, has joined the organization as a director of financial services. Nichols, who is widely recognized for her role in Cleveland’s economic development revival, led her team to complete more than 625 projects and $146.8 million in new grants or pass-through loan funding. Read more.
OFCC Issues Annual Report, Proposes Rule Amendments
On October 28, 2016, the Ohio Facilities Construction Commission issued its Annual Report for Fiscal Year 2016 and filed proposed rule changes to Ohio Administrative Code Section 153:1 related to public facilities construction. Read more.
Pennsylvania Supreme Court Holding Highlights Variations in Prompt Payment Law
Prompt payment laws protect contractors from payments being improperly withheld on construction projects; however, the extent of these protections varies by state and can depend on whether the project is public or private, or whether the claimant is a prime contractor or a subcontractor. A recent decision by the Pennsylvania Supreme Court, A. Scott Enterprises, Inc. v. City of Allentown, offers a good example of these important distinctions. Read more.
That’s Not Fair! Implied Duty of Good Faith & Fair Dealing in Federal Construction Contracts
A mutual duty of good faith and fair dealing, which assumes that each party to a contract will act honorably and fairly during the performance of its respective promise, is implied in every contract in the U.S. legal system since at least the late 19th century. In construction projects, this duty is especially important, because concurrent performance, cooperation and diligence are critical to meeting contractual obligations. The duty’s use and application in disputes, however, has been interpreted and applied in different ways. Read more.