Over the next few days, we’ll be discussing the significance of an owner’s “final acceptance” and payment for work performed on a construction project. This act, while seemingly just another part of the construction phase and closeout, results in the triggering of many rights, waivers of rights, and warranty issues for the owner, contractor, suppliers and […]
FHFA Announces Next Steps in REO Pilot Program
The FHFA announced that the winning bidders in a real estate owned (REO) pilot initiative have been chosen and transactions are expected to close early in the third quarter. The FHFA launched the pilot program in late February, and bids were solicited from qualified investors to purchase approximately 2,500 single-family Fannie Mae foreclosed properties. FHFA […]
Fair Housing Act Prohibits Retaliatory Complaints
The Fair Housing Act (FHA) makes it clear that management cannot retaliate against anyone because he or she participated in a prior action. More and more often complaints are filed by persons alleging they were retaliated against by management because of a previously filed fair housing complaint or because they assisted with another complaint. Even though there are times when an […]
Design Professional’s Obligation to Redesign if Bids Are Too High
Federal government design contracts typically include clauses related to a designer’s obligations and potential liabilities. One clause, FAR 52.236-22, Design Within Funding Limitations (“DFL” clause) obligates the design professional to prepare a design for the project, which will permit the award of a construction contract at a price that does not exceed the estimated construction price […]
California charter city public works projects are not subject to prevailing wage requirements
Charter cities are not required to comply with California’s prevailing wage law with respect to construction contracts for public buildings, according to a July 2, 2012, California Supreme Court decision. The underlying facts in that case, State Building and Construction Trades Council of California AFL-CIO v. City of Vista, relate to an October 2007 resolution […]