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Compliance Programs
Unsolicited P3 Proposals
A Case to Watch
Litigation Schedule
Understanding the Fine Print
Webinar: Understanding the Fine Print - Part II

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Vol. 1, No. 4 - September 2015
Compliance Programs
Compliance Programs: When They Work and When They Don't
Richard PreissPeckar & Abramson P.C., Partner
Within today’s highly regulatory environment, it is imperative that construction companies develop a structured and well-defined compliance program to avoid legal risk. As industry regulations at the federal, state and local levels continue to expand in oversight, construction companies and their employees are at greater risk of failing to conduct business in compliance with these laws...

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Unsolicited P3 Proposals
Understanding Unsolicited P3 Proposals
Vianney Lopez, Smith Currie & Hancock LLP, Associate 
While more and more states are allowing private entities to submit unsolicited proposals for P3 projects, this does not mean it is open season for UPPs. For the most part, jurisdictions accepting UPPs have specific guidelines regarding which state or local agencies can accept UPPs, the period of time each calendar year during which submission of UPPs is allowed, the procedure and criteria for the evaluation of UPPs, the procedure for requesting competing proposals (if applicable), the information that must be included in the proposal, and the required fees. Additionally...

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A Case to Watch
A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment
Kristin H. Jones and Thomas J. Madigan, Pepper Hamilton LLP, Partners
On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered against them under the federal False Claims Act. Trinity’s appeal of this extraordinarily large damages award could set important 
precedent as to what constitutes the “knowing presentation” of a false or fraudulent claim, statement or record and how damages are calculated in FCA cases...
 

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Litigation Schedule
Is Your Attorney Using a Litigation Schedule to Manage Your Case?
Jeffrey J. Nix,  Troutman Sanders LLP, Partner
Smart contractors plan their work and then work their plan.  That’s why most contractors use some form of CPM schedules to manage their projects.  After all, schedules are the easiest way to communicate when, where, how, why and by whom work is to be performed.  Yet, few attorneys use litigation schedules to manage their clients’ cases.  Even fewer clients request...

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Understanding the Fine Print
Understanding the Fine Print: Contract Clauses Contractors Must Know
Jordan F. Howard, ConsensusDocs LLC, Sales and Program Coordinator
Most contract disputes are about the timing aspect, and not about the scope of the work. Contractors should pay close attention to the timing of work in a contract because when a project gets delayed it costs contractors more money, and the owner doesn’t receive any benefit. Subcontracts need to watch out for general contractors unilaterally changing the schedule without compensation...

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The views expressed in this newsletter are not necessarily those of ConsensusDocs. Readers should not take or refrain from taking any action based on any information contained in this newsletter without first seeking legal advice.

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