Newsletters

Smith, Currie & Hancock publishes a quarterly newsletter, Common Sense Contracting, that covers topics of current interest relating to Construction Law, Government Contracts, and Environmental Law. The newsletter also contains information on Smith, Currie & Hancock seminars. If interested in receiving our free newsletter, please send your email or mailing address to tjkelleher@smithcurrie.com.

Construction

Common Sense Contracting, Vol 21, No. 1 (PDF)

Common Sense Contracting, Vol 20, No. 4 (PDF)

Common Sense Contracting, Vol 20, No. 3 (PDF)

Common Sense Contracting, Vol 20, No. 2 (PDF)

Common Sense Contracting, Vol 20, No. 1 (PDF)

Common Sense Contracting, Vol 19, No. 4 (PDF)

Common Sense Contracting, Vol 19, No. 3 (PDF)

Common Sense Contracting, Vol 19, No. 2 (PDF)

Common Sense Contracting, Vol 19, No. 1 (PDF)

Common Sense Contracting, Vol. 18, No. 4

• 486 Indemnification: What Constitutes Surety Bad Faith?
• 487 The Legal Implications of Design-Build
• 488 North Carolina: Mediation on Public Projects
• 489 Florida License Loans – Risky Business
• 490 Challenges to Arbitration Enforcement
• 491 “Float Time” - Defining the Term
• 492 South Carolina: Standard of Care for Highway Contractors
• 493 Demands on Sureties

Common Sense Contracting, Vol. 18, No. 3

• 478 No Written Notice = No Claim?
• 479 Election Day and Employees’ Voting Leave Rights
• 480 Design-Build: New Bottle/Old Rules
• 481 When Is a “Pollutant” Not a “Pollutant”?
• 482 Determining the Davis Bacon “Prevailing Wage”
• 483 Wrongful Termination and Miller Act Claims
• 484 Virginia: No Damage for Delay
• 485 NCDOT Liability for Defective Plans

Common Sense Contracting, Vol 18, No. 2

• 472 The Current State of Eichleay
• 473 Georgia: No Damages for Delay Clauses
• 474 Florida: Update on "Pay-When-Paid" Clauses
• 475 When Is an Appeal Filed?
• 476 Claim of Lien No Substitute for a Notice of Nonpayment on Bond
• 477 Georgia: New Legislation Affecting Contractors

Common Sense Contracting, Vol. 18, No. 1

• 463 Whither the Penal Sum of the Bond?
• 464 Federal Government Contracts: Faxed Bid Modification Risks
• 465 Employee Handbooks: A Quick Primer
• 466 Correction of Defects in Florida: Condominiums
• 467 Proving a Differing Site Conditions Claim
• 468 Termination of Prime Terminated Subcontracts
• 469 Pennsylvania: Limitation of Damages Clauses
• 470 Scope Language Permits "Reasonable" No Cost Changes
• 471 Sureties and Arbitration

Common Sense Contracting, Vol. 17, No. 4.

• 456 Default Terminations: Procedural Hurdles
• 457 Change Order Flow Down
• 458 Manifest Disregard of the Law & Arbitration Awards
• 459 Preserving Your Right To Be Paid
• 460 Must a Bid Protest Be Express?
• 461 Public Contract Formation – Perspectives from Iowa and Florida
• 462 Licensing Requirement Risks
• 2004 Update For The Construction Industry
• Upcoming Seminars

Common Sense Contracting, Vol. 17, No. 3.

• 449 Alternative Dispute Resolution - "By the Numbers"
• 450 Respective Priorities of Set-Off Rights of Contractors or Owners Versus Sureties
• 451 Contractor Beware: The Government Isn't Always The Government
• 452 North Carolina: Limited Authority to Modify an Arbitration Award
• 453 When Is the Spearin Doctrine Trumped?
• 454 GAO Review of Protests Against Affirmative Responsibility Determinations
• 455 Florida Lien Law Revisions

Common Sense Contracting, Vol. 17, No. 2.

• FCILB Seminars - Summer 2003
• 442 Mold: Construction's Newest Four-Letter Word
• 443 Economic Loss Rule: Florida and Utah Update
• 444 Protecting Your Right to Compete - The Restrictive Specification Problem
• 445 Florida Public Payment Bonds
• 446 California Expands Strict Liability
• 447 Pay-If-Paid and The Miller Act
• 448 Bid Mistakes - Withdrawal or Correction

Common Sense Contracting, Vol. 17, No. 1.

• AGC's State Construction Law Matrix
• 435: Surety’s "Tender" Upon Default
• 436: Undisclosed Proprietary Item – Who Pays?
• 437: Florida Public Projects: Performing Extra Work Under Protest
• 438: "Substantial Completion" – Varying Meanings
• 439: State Level Responsibility Determinations
• 440: Eichleay Formula Update
• 441: Total Cost Claims Update

Common Sense Contracting, Vol. 16, No. 3

• 429: VA Delay Claims
• 430: Georgia - Statute of Limitations Update
• 431: Update on Arbitration Fixes
• 432: To Cure or Not to Cure
• 433: Constructive Knowledge - A One-Way Street
• 434: Honoring Bids: Georgia and Ohio
• 2003 Construction Law Update Conference
• Upcoming Seminars
• Bert R. Oastler

Common Sense Contracting, Vol. 16, No. 2

• 422: Site Access Representations
• 423: Ohio – Eichleay Formula Accepted
• 424: Unilateral Right To Demand Arbitration
• 425: Commercial Bid Bond Causes Bid Rejection
• 426: Using E-mail in Public Bidding
• 427: Florida: Separation Does Not Preclude Arbitration
• 428: Termination – How Not To

Common Sense Contracting, Vol. 16, No. 1

• 416: North Carolina:  Liquidated Damages & Concurrent Delays
• 417: Non-Standard Clause Precludes Recovery for Suspension
• 418: CGL Insurance:  Coverage & Duty To Defend
• 419: Viable Payment Bonds on Public Works
• 420: Knowing v. Really Knowing
• 421: Florida:  Eichleay Overhead Recovery

Common Sense Contracting, Vol. 15, No. 1

• 394: Notice:  Claims between Co-Prime Contractors
• 395: Federal Contract Claims and Past Performance Evaluation
• 396: Default Termination Checklist
• 397: Mississippi:  No Damages for Delay
• 398: Can a Municipality Bypass the Low Bid?
• 399: Miller Act Claims:  When Was the Last Day of Work
• 400: Editor’s Note
• SCH News
• Upcoming SCH Seminars

Common Sense Contracting, Vol. 14, No. 1

• 381: No Public Payment Bond and A/E Liability
• 382: Workplace Safety – Multi-Employer Worksite
• 383: Workplace Safety – OSHA Liability
• 384: Eichleay – Is Additional Work Also Replacement Work?
• 385: Weather Data – A Basis for Compensable Delay
• 386: NC Time Limit on Materialmen's Liability
• 387: Is Hot Weather an Excusable Delay?

Common Sense Contracting, Vol. 13, No. 4

• 347: Delayed Early Completion
• 348: Copyright Infringement Risks
• 349: Beware of Sites Unseen?
• 350: Millennium Bug Checklist
• 351: Contract Interpretation -- What is "Exposed"?
• 352: Florida Surety's Post Completion Obligations
• 353: Interest Recovery Under CDA

Common Sense Contracting, Vol. 13, No. 3

• 368: Contract Venue Provisions: A Change in Florida Law
• 369: Flow Down Clauses: A Level Playing Field?
• 370: Pass Through Delay Claims
• 371: Professional Services Liability
• 372: No Damages for Delay & Pay if Paid Clauses in Ohio
• 373: Breaking Down an Arbitration Award
• 374: Party Controlled Arbiters

Common Sense Contracting, Vol. 13, No. 2

• 362: Designing an Arbitration Clause
• 363: Measured Mile Analysis
• 364: Incorporating Dispute Resolution by Use of Flow Down Clause
• 365: Notice A Key to Contract Relief
• 366: Creation of a Contract by Solicitation of a Bid
• 367: Proposed Federal Regulations on "Blacklisting"

Common Sense Contracting, Vol. 13, No. 1

• 354: Arbitration Award Vacated
• 355: "Free" Equipment on Government Contracts
• 356: A/E Liability to a Third Party
• 357: Adverse Weather Delays
• 358: Quantity Variation or Changed Condition
• 359: Surety's Reliance on Pay-When-Paid Clause Rejected
• 360: Public Agency Liability for Failing to Obtain Payment Bond
• 361: Site Inspection Clause Limited

Labor & Employment

Labor & Employment Law, Fall 2003

• Investigating Your Employees
• The FMLA . . . Is Paid Leaving Coming?
• No Salt Please: Avoiding Union Organizers
• The Aftermath of September 11
• Labor & Employment Concerns in Corporate Acquisitions
• Year-End Checklist
• Keeping Trade Secrets "Secret"

Labor & Employment Law, Fall 2002

• Employer's Obligations and Employee's Rights Under The Uniformed Services Employment and Reemployment Rights Act Of 1994
• When An Office Romance Ends: Sexual Harassment Or Personal Animosity?
• Legally Mandated Recordkeeping Requirements: What Do My Employment Records Have To Contain?
• Supreme Court Issues Two Americans With Disabilities Act Cases

Labor and Employment Law, Spring 2002

• Two Bites At The Apple: EEOC Is Not Bound By Arbitration Agreements
• I Am Not Personally Liable For That Employment Decision, Am I?
• Planning A Reduction In Force
• The Supreme Court Further Restricts The Definition Of “Disabled” Under The Americans With Disabilities Act
• Supervisory Professionals: Included In Bargaining Units?

Labor & Employment Law, Spring 2001

• Are The Reporting Requirements In Your Sexual Harassment Policy Too Broad?
• Employee Privacy in 21st Century Workplace
• The Collision of The National Labor Relations Act and The Americans With Disabilities Act
• The EEOC Issues New Regulations On Validity of Releases
• Pros & Cons of Telecommuting

Labor and Employment Law, Fall 2000

• EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations
• Fair Labor Standards Act Update: The Worker Economic Opportunity Act of 2000
• The National Labor Relations Act: Not Just for Unionized Employers
• Season's Greetings: What You Should Know Before Your Next Holiday Party
• Your Benefits Package Could Subject You to Liability
• The Self-Critical Analysis Privilege: Can Companies Avoid Discovery of Internal Reviews?

Labor and Employment Law, Spring 2000

• The Tangled Web of Employee Reference Checks
• Failure to Train Your Supervisors Puts You At Risk for Punitive Damages
• Legislative Update: Family and Medical Leave Act
• Federal Courts Divide Over Light Duty Requirements Under the Pregnancy Discrimination Act
• The Self Critical Analysis Privilege: Can Companies Avoid Discovery of Internal Review?
• Settlements - The IRS Wants You!

Labor and Employment Law, Fall 1999

• Fair Credit Reporting Act: Protection for Suspected Sexual Harassers
• Supreme Court Clarifies Disability Standard
• How Clean Are Your Files?
• Restrictive Covenants: Are Your Agreements Enforceable?
• Union Organizing Trends
• Actions Speak Louder Than Words: New EEOC Guidance on Effectively Handling Harassment in the Workplace

Labor And Employment Law, Spring 1999

• Annual Cap On H-1B Visas Temporarily Increased
• The Direct Threat Exception To The ADA: Avoiding A Hobson's Choice
• Family & Medical Leave Act Developments
• What's Good For The Goose . . . Enforcement Of No-Solicitation Policies
• The Randomness Of Random OFCCP Audits
• OSHA Regulations For Incidental Exposure To Blood-Borne Pathogens
• Sexual Harassment - It's Not Just General Hardtack And Miss Buxley Anymore

Labor And Employment Law, Fall 1998

• A Practical Guide to Engaging in The Interactive Process to Discover Reasonable Accommodations For Disabled Employees
• New Guidance From The EEOC on Waiver of Rights And Claims Under The ADEA
• The Likelihood of Employer Liability for Sexual Harassment in the Workplace Has Increased Based upon Recent Supreme Court Decisions
• Enforceability of Agreements to Arbitrate Employment Disputes
• Recent Developments Under The Family And Medical Leave Act
• The Fair Labor Standards Act - Many Traps For The Unwary

Site Directory:
Practice Areas // Firm Overview // Office Locations // Attorneys // E-Mail // Articles // Reported Labor Decisions // Clients // Recruiting // Newsletters // Seminars // Guestbook // Home