In a bid protest argued by our firm before the United States Court of Federal Claims on September 23, 2014, the Court ruled in favor of our client, RLB Contracting, Inc., (RLB) in a matter involving the designation of the dredging exception to NAICS code 237990, which is for “Other Heavy and Civil Engineering Construction.” 13 C.F.R. § 121.201 (2014). The solicitation for the “South Lake Lery Shoreline Protection and Marsh Creation Project” was set aside for small business concerns by the Natural Resource Conservation Service, but the exception to NAICS code 237990 that applies when a project is considered to be dredging was not invoked. At the time, the exception lowered the small business size standard from $33.5 million to $25.5 million for dredging and required that the successful contractor “must perform at least 40 percent of the volume dredged with its own equipment or equipment owned by another small dredging concern.” 13 C.F.R. § 121.201, Footnote 2. (Currently, the applicable small business size standards are $36.5 million and $27.5 million respectively).

The small business regulation found at 13 C.F.R. 121.402(b)(2) states that “[a] procurement is usually classified according to the component which accounts for the greatest percentage of contract value.” In this case, RLB presented evidence that the agency had internally estimated that over 50% of the work involved dredging and that the agency had made its NAICS code designation based on an erroneous calculation that only 10% of the work involved dredging. RLB first appealed the NAICS code designation to SBA’s Office of Hearings and Appeals (“OHA”), arguing that the agency applied the incorrect NAICS code size standard. OHA denied the appeal on the basis that the project included other items of work in addition to dredging. However, OHA did no analysis as to the contract value or relative importance of those “other items.” RLB then brought its protest to the United States Court of Federal Claims, again arguing that the agency violated the regulations by failing to apply the dredging exception. RLB also argued that the agency had failed to provide correct information to OHA, and that OHA had refused to consider supplemental information furnished by counsel for RLB. The Court ruled that OHA’s decision was incorrect as a matter of law because OHA’s “decision does not give primary consideration” to “the relative value and importance of the components of the procurement” and did not concern itself with whether the agency classified the procurement “according to the component [of work] which accounts for the greatest percentage of contract value.” 13 C.F.R. § 121.402(b)(1)-(b)(2) (2014).

The Court was critical of the agency for not including pertinent documents in the Administrative Record which demonstrated that the agency knew that the dredging work accounted for the greatest percentage of contract value, and was further critical of OHA for concluding that other, relatively minor, elements of the work supported the agency’s contention that the project did not predominantly involve dredging. As a result, the Court entered a permanent injunction and remanded the matter to the Contracting Officer with instructions “to make a new determination of whether the dredging exception applies based on all available current information.” The Court further stated that “If item 7, Excavation Marsh Creation Dredging, is the most valuable item of work, the contracting officer must give primary consideration to it.”

This decision is an important victory for the small business dredging industry because it makes it clear that federal agencies are not free to circumvent the protection afforded to small business dredging contractors, under the exception to NAICS code 237990, by characterizing work generally as civil construction even though the dominant item of work is dredging. The exception is designed to prevent brokering by non-dredging small business concerns who, after receiving an award, could subcontract virtually all of the dredging work to a large business dredging concern.

A fundamental part of handyman insurance is General liability insurance. General liability could provide protection against lawsuits and other financial liabilities that result from things like accidents or other mishaps. General liability is often bundled with a variety of other coverages in a Business Owners Policy.

Odyssey Elementary, slated to become the greenest school in the state, opened its doors to students August 25 in Woods Cross, Utah.  The building can function as a net-zero facility, generating all its own electricity, and is on track to achieve LEED-Gold certification.

You should know that as a jack-of-all trades, you are exposed to many types of risks. Handyman insurance can help shield you from things like injuries or property damage that could result in devastating lawsuits and penalties.

Without handyman insurance, even one of these problems could put you out of business. Therefore protect yourself with handyman insurance which can include Business Owners Insurance (BOP), Workers’ Compensation insurance and commercial vehicle insurance.

Major funding source for big San Francisco projects may face a lawsuit.  Despite protests and litigation threats from real estate developers, the San Francisco Board of Supervisors voted unanimously on Sept. 23 to create a special community tax district—locally known as a Mello-Roos district—for the Transbay Transit Center at 2014 market rates. The vote marks a key funding piece for the approximately $4.5-billion Transbay Transit Center, billed as the “Grand Central of the West.”

As a business owner one of the last things you want your employees doing is calling out sick due to dental pain issues. However according to one study done 17.1 work days and school days are lost due to oral disease. Oral health problems can affect a person’s ability to maintain a job or get promotions.

However did you know people that have dental insurance are more likely to maintain their dental health care and see a dentist regularly thus reducing the likelihood of needing larger dental care and losing time off from work due to dental pain issues. Talk to your employees about dental insurance if you want to help but feel the cost of dental insurance is too high you may want to review dental discount plans as a lower cost option. Visit www.dental4less.com in order to review dental insurance and dental discount plans for yourself and your employees.

As the King Fire, which has burned through 97,000 acres of California’s Sierra Nevada mountains, started to threaten electricity and generating stations that provide power to Sacramento, late September rains helped avert a potential public emergency.

According to one study over 40 million hours per year were lost due to dental problems and treatment, with 3.5 hours being lost per person. However to help avoid losing hours at work for dental care problems make sure to see a dentist regularly for preventive care so that larger dental care needs may not be needed.

Not only will you lose less time at work but you save money having to pay for larger dental services.  Also by having dental insurance it will help to reduce your dental care cost, and according to studies done people with dental insurance are more likely to maintain regular dental visits. If you do not currently have dental insurance you may want to visit www.dental4less.com and get a quote today.

In 1891, Boston architect Peabody & Stearns completed the summer residence Stonlea in Dublin, New Hampshire, for tobacco producer Daniel Catlin. At its inception, Stonlea exemplified the hybrid Colonial-Shaker style of the era. By the time 82-year-old Polly Guth purchased the 12,000-square-foot building in 2009, it was a case study in unsustainable living. Because it was neither sized nor constructed for affordable year-round operation, “The previous owner could only live in part of the house during the winter. He had created this partition to separate the cold from warm parts.”

How high should your liability coverage limits be?  The fact is no one can predict exactly how much you would have to pay if you were to cause an accident.  However, ask yourself how you would pay for any damages exceeding your coverage limits. The higher the limits on your commercial auto insurance, the more likely your policy will be able to pay all of the damages.

In the last few years, California Drywall has experienced a dramatic revenue turnaround while vastly improving its safety record. The firm has also deepened its commitment to local philanthropy and invested in construction technology.

Whether you use your own car or a fleet of pickups or box trucks to get the job done, it is important to have and maintain insurance such as liability, personal injury/medical, comprehensive, and collision coverage to keep your business moving forward. In addition, if your employees use their own vehicles to perform deliveries, make sales visits, or run errands for your business, you could be liable for any accidents they cause.

Having business/commercial vehicle insurance will help you meet your needs. An insurance agent can help you determine what deductible amounts and coverage limits best fit your situation and provide commercial auto insurance quotes.

There is no question that documentation is an important part in the resolution of any construction dispute. Particularly contemporaneous documents – documents that are created at the time that events occur. Quality control reports, daily logs, and timely letters all fall into the “contemporaneous” category. Another type, however, has an instantaneous characteristic that not only makes it contemporaneous, but so current as to be potentially dangerous – e-mail. This form of documentation cannot only be useful to record events virtually as soon as they occur, but it also has become a vehicle for the expression of emotions without the benefit of reflection.

Commercial Vehicle Insurance is a policy of physical damage and liability coverages for amounts, situations, and usage not covered by a personal auto policy. Knowing the difference between a personal auto insurance policy and a commercial auto policy (and when you need which) is important business for your business. This type of business insurance covers a variety of vehicles. You may also have heard of this coverage referred to as commercial auto insurance, commercial car insurance, truck insurance, or fleet insurance.

The $230-million Silver Lake Reservoir Replacement Project reroutes drinking water into underground facilities to comply with EPA regulations.  On the surface, the $230-million Silver Lake Reservoir Replacement Project in Burbank—which resembles a big concrete warehouse—looks like a simple project. But the construction team has had to overcome a host of hurdles, including a fast-track schedule, demanding concrete placement and a tunnel dig through sinkhole-prone soil.

It is a good idea to make sure to cover the business owner’s vehicle with a company auto policy. There are times when the business owner’s only vehicle serves double-duty for both company and personal use. In situations like that, company car driver insurance is necessary. For added protection when it is not used for business, it is recommend that you add added drive other car endorsement to cover the owner and any family members who might drive the car.

Construction is thriving in just about every corner of California, according to specialty contractors participating in ENR California’s annual survey. Revenue in 2013 jumped nearly 10% for the top 50 ranked firms. That was on top of a 42% gain in 2012.

By protecting your employee-owned vehicles with company auto insurance, it not only helps to protect them but it also protect your business from expensive lawsuits.  If you have employees and they use their own vehicles for business use, be certain they have sufficient liability coverage with their personal auto policies. For example, if an employee drives his/her own vehicle to make a bank deposit for the business and is in an accident with another driver, their insurance company will pay the claim up to their policy limit.

However, if the other driver sues the employee’s company for additional damages, a basic business owner’s policy will not suffice. Commercial vehicle insurance with an added non-owned auto liability endorsement could help protect the company’s assets from an expensive lawsuit.

The U.S. construction industry added 16,000 jobs in September, according to the Oct. 3 Bureau of Labor Statistics preliminary estimate. The August estimate was revised downward from 20,000 to 16,000 net new jobs. Nonresidential construction added 3,200 jobs in September, accounting for only 20% of the total gain in construction employment.

The basics of a company car policy: If your business owns vehicles and they are titled in the company’s name, your commercial vehicles need insurance for complete coverage. If you are a business owner with no employees, and you use your vehicle driving to and from work, a personal auto policy will cover you.

The September report of the Credit Managers’ Index (CMI) from the National Association of Credit Management fell in September to 54.9 from 56.7. While still firmly in the growth category, this is the lowest reading in nearly two years. Not even the “Polar Vortex” months of bad winter weather early in the year were as weak, NACM says. The collapse was felt in a variety of categories.

Even though a contractor license bond is actually a type of license and permit bond, contractor license bonds are often mistakenly grouped in with contract bonds since they are used by construction professionals. Contractors must purchase these bonds before they can receive their contractors licenses at the state, county and/or city level. These bonds ensure that contractors follow all applicable licensing laws and regulations.

GSA identified four breakthrough areas to help the Army meet its sustainability goals.  The U.S. General Services Administration (GSA) released a report today designed to help the Army attain net zero energy (NZE) through employing high-impact energy efficiency strategies. This new report presents the findings of a green building demonstration project completed at Fort Carson, a historic 72-year-old Army base near Colorado Springs, Colo. As a flagship in the Army’s Net Zero Initiative, Fort Carson has set a net zero energy goal for the entire base by the year 2020, which means that the base – home to approximately 900 buildings equaling about 14-million square feet of real property – will need to generate as much energy as it consumes by the goal year.

Supply bonds mandate that suppliers provide materials, equipment and/or supplies as defined in purchase orders. If the supplier fails to provide the supplies as agreed, the bond amount can be used to reimburse the purchaser for the resulting loss.

Nonresidential construction spending slipped in August, according to an Oct. 1 release from the U.S. Census Bureau. Nonresidential construction spending shrank 1.2 percent on a monthly basis in August, but has still managed to expand 6 percent on a year-over-year basis. Spending for the month totaled $603.7 billion on a seasonally adjusted, annualized basis. The government also revised the July spending figure down from $617.8 billion to $611.3 billion.