Teaming and mentor-protégé agreements and joint ventures will be the topics of Reed's presentation during the Nov. 12 and 13 educational conferences being held in Washington, DC, by Smith, Currie & Hancock and the National Association of Surety Bond Producers . Reed's presentation will examine those agreements, as well as traditional arrangements involving a prime contractor and subcontractor, and how they can be combined to suit a range of business purposes, he said
While joint check agreements can be a helpful tool, they can give rise to a range of issues and disputes between the parties to the agreement
District Court in Montana recently denied Sompo’s motion to dismiss its principal’s cause of action for breach of an implied covenant of good faith in the indemnity agreement (GIA). See Bjorn Johnson Constr., LLC v
One critical provision of a P3 agreement relates to what is known as the “handback” phase of the project. The handback is the transfer of the project from the private sector to the public sector at the end of the P3 agreement. Due to the lifespan of P3 agreements (99 years is not an uncommon term), the individuals negotiating the P3 agreement will not be the same individuals dealing with the handback
Among other things, this means each JV must have a JV agreement (JVA) that checks a litany of regulatory boxes. A recent SBA Office of Hearings and Appeals (OHA) case underscores just how carefully these agreements must be drafted and the costly risks to small government contractors, including ineligibility to receive an award
Published February 7, 2022 On February 4, 2022, President Biden issued an Executive Order on Use of Project Labor Agreements for Federal Construction Projects (EO), which will require the use of project labor agreements (PLAs) on large-scale federal construction projects with a total estimated cost of $35 million or more unless a senior official within the agency grants an exception
According to W. Barron A. Avery and William "Liam" B. O'Reilly, "Contractors cannot always trust that government contracting officials have used the correct forms, or cited the correct clauses, when soliciting goods and services. As a consequence, contractors should maintain constant vigilance...
Understanding the Differences between Performance and Payment Bonds and Project Completion Services Agreements is a two-page, easy-to-understand document that discusses the differences between contract bonds and a project completion services agreement. The paper explains that the proposed services in a project completion services agreement are not a proper substitute for the protections of performance and payment bonds
comparebnds_complsvcagrmnt.pdf
To that end, a new decision from SBA’s Office of Hearings and Appeals (OHA) reverses a previous OHA rule that had, for the past two years, rendered many otherwise compliant joint venture agreements ineligible for favorable treatment under SBA regulations. This is the latest instance in which the rules for joint ventures have changed, and a good reminder for companies to be sure their joint venture agreements are compliant with the most current regulations and OHA case law