By Bruce Jervis
Most contractors on federal construction projects are at a significant disadvantage in disputes with the agencies with which they do business. The federal government has such a vast array of personnel and resources that only the largest private companies can hold their own.
Statutes such as the Contract Disputes Act and the Equal Access to Justice Act level the field to a certain extent. However, one area where the disparity of power remains evident is the “discovery process” – the pre-hearing disclosure of information and documents. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Veterans Affairs Sanctioned for Withholding Documents
- Owners Forced to Litigate with Architect and Arbitrate with Builder
By Steve Rizer
It will be interesting to see what kind of impact an appeals court ruling in Moorefield Construction v. Intervest-Mortgage Investment Co. will have on the construction industry if California’s Supreme Court does not grant a petition for review or de-publish the case. At least in the eyes of a pair of subcontractor groups, if the state’s high court does not take such action, “the general public policy and California constitutional right to mechanic’s lien stated in Wm. R. Clarke Corp. v. Safeco Ins. Co. … would be irreparably harmed.” ... Read more.