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Ethic codes and hotlines are required for contractors with government contracts in excess of $5.5M and can be an important “mitigating factor” in the consideration of whether or not the government should bar a company from government contracting. The Codes are also important for reinforcing Company identity and enhancing employee morale. Understanding and embracing reasonable and progressive “rules of the road” enhances efficiency. McManus & Felsen has unique experience in drafting employee handbooks and ethics codes for construction companies. Joe McManus and Tom Carr have been drafting employee handbooks and ethics codes for construction companies for the past 20 years.…
 
Dan Toomey, Senior Counsel, was quoted in the Washington Post, on Tuesday, October 31, 2017, commenting on the just-returned indictment of Paul Manafort, Jr., President Trump’s former Campaign Manager, noting the “enormous pressure” that this indictment placed on Mr. Manafort to cooperate with the Special Counsel in his investigation. Dan, earlier in his career, was an Assistant U.S. Attorney in Washington, DC, and later was a founding member of and President of the DC Assistant U.S. Attorneys Association. Throughout his career, in addition to matters involving Government Contracts and Construction Law, Dan has handled many White Collar criminal matters both…
 
By Dale R. Ellickson, copyrighted 2017  It happened again!   Another high-rise fire occurred in a Dubai tower that was clad with an aluminum/polyurethane sandwich panels. The fire started when one of the residents lit a barbeque grill on an outside balcony. Fortunately, the fire was limited to the exterior causing damage to one or so stories of the building, but all residents escaped unharmed. This was the second such fire in less than a week.  Previously, on August 4, 2017, Dubai’s Marina Torch Tower – the highest residential building in the world – became a vision to match its name when a…
 
Dan Toomey co-authored “The New ‘Science’ of Pre-Arbitration Evaluations”, an article published by the American Bar Association Forum on Construction Law. See this article here.
 
President Obama’s “Fair Pay and Safe Workplaces” executive order and related regulations and guidance (collectively, the “Order”) almost began phasing-in requirements for certain bidders on federal projects to disclose both final and alleged labor-law violations. But a Federal Court enjoined its enforcement. The widely criticized Order required certain bidders to disclose disputed allegations of labor-law violations, in addition to final determinations. Contracting officers, who are not experts in assessing labor-law violations, would then have had to make sense of the disclosed information, including the disputed allegations, which may or may not have had merit, to make a responsibility determination for…
 
The Federal Acquisition Regulations afford relief from a prime contractor’s bid mistake only when the mistake is obvious or results from a purely mathematical error. In a recent case for the firm, our client’s mistake did not fit into either category. Instead, our prime-contractor client had a rogue estimator who severely underestimated the job, setting up our client to lose $1 million on a $4 million contract. A day before the pre-construction conference and notice to proceed, we advised our client—which has an excellent reputation with the user agency—to inform the contracting officer of its serious bid mistake and ask…
 

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