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WHAT'S NEW - 2006

Democrats' Control of Congress Portends Increased Governmnet Contractor Scrutiny

Smith Pachter McWhorter PLC
Government Contracts Update
Vol. II, No. 4 December, 2006

By Stephen D. Knight

Smith Pachter McWhorter constantly tracks current events, issues, and trends in Government Contracts to keep clients on the cutting edge of legal and policy developments.

Click here to view this e-letter.

Click here to view previous e-letters.

 

“Aspects of Construction Scheduling” recently published in the Section of Public Contract Law’s The Procurement Lawyer.

Mark Hanson recently prepared an article entitled “Aspects of Construction Scheduling,” which was published in the October 2006 edition of the The Procurement Lawyer, the quarterly members’ publication of the ABA’s Section of Public Contract Law. The article provides information about several current developments relating to key concepts involved in network scheduling of construction projects. The article addresses the concepts of float, concurrent delay and acceptable proof of schedule-related claims.

The full text of the article is available here.


Four Smith Pachter Attorneys Selected as Best Lawyers in America

Based on confidential peer-review surveys, Val McWhorter, Brian Vella, Mark Hanson and Richard Smith were selected for the 2007 edition of Best Lawyers. The Washington Post Magazine published the Best Lawyers list for Washington, DC October 1, 2006, reaching more than 1.4 million readers. Published since 1983, Best Lawyers in America is a highly regarded reference to the country’s top lawyers and one of the highest professional accolades. We are honored to have three of our attorneys again selected, while Mark Hanson has been selected in the area of Alternative Dispute Resolution for the first time. Those reselected are: Val McWhorter in the areas of Alternative Dispute Resolution and Construction; Brian Vella in Construction; and Richard Smith in Alternative Dispute Resolution.

The full text of the article is available here.

 


Public-Private Partnerships and Major Infrastructure Construction

Mark E. Hanson and Dorothy E. Terrell, partners at Smith Pachter McWhorter, presented a program on “Public-Private Partnerships and Major Infrastructure Construction” on Thursday, December 7th, 2006 in San Francisco, California. The program was part of the 2006 Construction Superconference at the Palace Hotel. Mr. Hanson and Ms. Terrell were joined on the panel by R. Randall Nye, Senior Vice President and General Counsel of Sundt Construction Inc., and Herbert W. Morgan, Vice President Operations, Infrastrucure for Fluor Enterprises. Additional information is available on the 2006 Construction Superconference website at: http://www.constructionsuperconference.com/


No Rest for the Weary: Bid Protests in Virgina

An article by Jonathan D. Shaffer and David S. Stern entitled “No Rest for the Weary: Bid Protests in Virginia” was published in the October 2006 issue of the Virginia Lawyer. The article, which addresses bid protests in Virginia, includes discussion of time limits; substantive protest issues, remedies, court and administrative proceedings, risks associated with filing a protest and how to avoid bid protests. The full text of the article is available here.

For more information contact Jonathan D. Shaffer at jshaffer@smithpachter.com or David S. Stern at dstern@smithpachter.com


Pension Reform Act Creates CAS, Cost Recovery Issues; Tax Legistation to Increase Withhold on Contractors

Smith Pachter McWhorter PLC
Government Contracts Update:
Vol. II, No. 3 August, 2006


By Stephen D. Knight

Smith Pachter McWhorter constantly tracks current events, issues, and trends in Government Contracts to keep clients on the cutting edge of legal and policy developments.

Click here to view this e-letter.

Click here to view previous e-letters.


Smith Pachter McWhorter Attorneys Recognized as Outstanding in Chambers USA Rankings and Virginia Super Lawyers

Smith Pachter McWhorter is pleased that the 2006 Chambers USA survey of America’s leading business lawyers recognizes our firm’s construction and government contracts practice groups for outstanding work. The survey reports that Val McWhorter is a first-rank construction practice leader “with a wealth of experience representing contractors in claims against government and commercial bodies” and as having built “a strong profile in nationwide civil infrastructure projects.” In addition, the 2005 Chambers survey stated the firm is a “high-quality construction firm” that scores “ten out of ten” with clients, and with sources saying “They understand construction 100%.”

For its government contracts work, the 2006 Chambers survey said the firm is “hailed as ‘expert and experienced.’” The survey reported John Pachter “gives a quality service to clients,” and one client said: “I’ve observed his practice for over 20 years and the comments he makes and the positions he takes are wonderful.” The survey also noted John’s reputation for resolving disputes.

In addition, three of our attorneys, Val McWhorter, John Pachter and Richard Smith, were listed in Virginia Super Lawyers 2006 as among the top attorneys in Virginia.



John Pachter Testifies on Contractor Recovery of Interest on Claims and Disputes Before Federal Acquisition Panel on Behalf of ABA SEction of Public Contract Law

On July 7, 2006, on behalf of the Section of Public Contract Law, American Bar Association, John Pachter presented a statement on reform of interest recovery by government contractors on claims and disputes to the Acquisition Advisory Panel, which consists of experts from the public and private sector. The panel was mandated by Congress in the Services Acquisition Reform Act of 2003. Click here for the full text of Mr. Pachter's statement. Click here for the Section's Comments in full and here for the Section's letter of transmittal.


Congress Targets Contractors for "Profiteering"; Court Rejects Government Interpretation of CAS "Increased Costs"

Smith Pachter McWhorter PLC
Government Contracts Update:
Vol. II, No. 2 June, 2006


By Stephen D. Knight

Smith Pachter McWhorter constantly tracks current events, issues, and trends in Government Contracts to keep clients on the cutting edge of legal and policy developments.

Click here to view this e-letter.

Click here to view previous e-letters.


Rirchard C. Johnson Further Supports His Comments on FAR Case 2004-025

Richard C. Johnson, an experienced practitioner in the area of government property matters, submitted two documents to The Honorable William J. Haynes II reinforcing the view that the elimination of title passage, as proposed by the FAR drafters, would work to the detriment of DoD. Click here to read the documents.


Congress Eyes "Contracting-In"; Court Decisions Are Suspect

Smith Pachter McWhorter PLC
Government Contracts Update:
Vol. II, No. 1 February, 2006

By Stephen D. Knight

Smith Pachter McWhorter constantly tracks current events, issues, and trends in Government Contracts to keep clients on the cutting edge of legal and policy developments.

Click here to view this e-letter.

Click here to view previous e-letters.


 

 

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