In the lead-up to its centennial celebration, the Natural History Museum of Los Angeles County undergoes a seven-year renovation and expansion.

Quattrocchi Kwok Architects looks at a new ways to design schools in response to evolving learning environments. With its rectangular structures, long hallways and cookie-cutter classrooms, traditional school design is as fundamental as reading, writing and arithmetic. But these days, as K-12 learning environments evolve, so do design themes and practices

Move over US Bank tower, the $1-billion, 73-story Wilshire Grand is coming to take the crown of tallest building in Downtown Los Angeles.  Developed by Korean Air Lines Co., the new hotel and office project will contain 73 stories and will rise to 1,100 ft tall, with a distinctive architectural spire at the top.

A recent case before the Armed Services Board of Contract Appeals reminds contractors also need to be wary about who from the government is giving those directives.

In EEC International, ASBCA No. 55781 (Dec. 28, 2012), the contractor asserted claims against the government, alleging that constructive changes to the contract resulted in higher performance costs.  Specifically, the contractor alleged that the government’s construction representative, as well as the contracting officer’s representative, interfered with its means and methods and directed the contractor to make many changes to its scope of work.  According to the contractor, the construction representative and contracting officer representative also constructively accelerated its performance.

The Board did not address the merits or credibility of the contractor’s claims.  It instead concluded that even if events occurred as the contractor claimed, it was barred from entitlement because neither the construction representative nor the contracting officer’s representative was authorized to modify the contact.  The Board concluded that only the contracting officer had such authority, and the contractor had not alleged that the contracting officer directed it to take the actions at issue.  Although the contractor argued that the acts of the construction representative and contracting officers representative were implicitly ratified by a higher authority who had knowledge of the facts, as well as the authority to bind the government, the Board rejected this argument.

The hard lesson: taking direction from someone other than the contracting officer is done at a contractor’s peril.  We certainly feel that the Board’s decision was harsh here.  Contracting officers are most often not those with whom the contractor has regular communications and there are situations where directives from others may be binding.  However, as budgets shrink and possible sequestration looms, anticipate that agencies will rely more and more heavily on defenses such as this.  We’re already seeing it happen.  So contractors should avoid taking direction from anyone but the individual explicitly vested with authority to bind the government.  If you find yourself in a difficult position, where you feel compelled to proceed without proper written authorization, contact an experienced legal professional for assistance.

 On January 3, 2013 President Obama signed into law the 2013 National Defense Authorization Act (“NDAA” or “the Act”).   The Act seeks to change a number of acquisition provisions applicable to contractors doing business with the federal government.

One important change involves the limitation on subcontracting rules relating to small businesses.  The NDAA calls for changes to those rules when it comes to supply and service contracts.  Moreover, while the NDAA does not seek to change the current limitations on small business subcontracting in the construction context, its implementing regulations will add new provisions, applicable to all government contracts, which could make it easier for all small business contractors to issue subcontracts.

Under the NDAA, a small business contractor in the service context “may not expend on subcontractors more than 50 percent of the amount paid to the concern under the contract.”  The current rule, as set forth at 13 C.F.R. § 125.6(a)(1), provided that “the [small business] concern will perform at least 50 percent of the cost of the contract incurred for personnel with its own employees.”  The key distinction is the modification of the way in which costs are calculated.  Currently, only personnel costs matter; 50% of the personnel costs must be borne by the small business prime.  Once the regulations implementing the NDAA are enacted, the rule will be modified to reflect “total cost.”  Small business contractors will have to perform 50 percent of the total cost themselves.

Supply contracts will change in a similar manner.  Currently, a small business supplier to the government  must perform at least 50 percent of the cost of manufacturing its supplies or products, not including the cost of materials.  13 C.F.R. § 125.6(a)(2).  The new rule will provide that a small business contractor cannot expend more than 50 percent of the amount paid to it by the government (less the cost of materials).

The NDAA does not alter the limitations on subcontracting already in place for general or specialty construction.  A small business prime contractor will still be required to perform at least 15 percent of the cost of the contract with its own employees (not including the costs of materials) in the context of general construction. 13 C.F.R. § 125.6(a)(3).  In the case of specialty trade contractors, a small business prime must still perform at least 25 percent of the cost of the contract with its own employees (not including the costs of materials). 13 C.F.R. § 125.6(a)(4).

Despite the above, the NDAA seeks to add an entirely new provision, applicable to all small business contracts, which may allow a small business construction contractor to exceed the regulatory subcontracting limits.  Apparently fearing that certain small contractors would be adversely affected by the new rules concerning self-performance, Congress included a provision pertaining to “similarly situated entities.”  Under this provision, a small business prime contractor may be able to satisfy its own performance requirements through subcontracting if the subcontractor is, itself, a small company.

This provision could cause big changes in the way small contractors do business.  Because the NDAA left the specific details concerning this provision to the SBA, much will depend on the specific nature of the implementing regulations.  Those regulations should be in place later this year.

 Changes were marshaled in by Congress as part of the 2013 National Defense Authorization Act (“NDAA” or “the Act”), which actually includes a number of other changes affecting small business contractors.  Several of those changes are designed to assist women-owned small businesses (“WOSB”) and economically disadvantaged women-owned small businesses (“EDWOSB”) in securing more federal work.

The current Woman-Owned Federal Contract Program, which became effective on February 4, 2011 after being mired in political red tape for years, allows contracting officers to set aside contracts for certified WOSBs and EDWOSBs (see our previous blog post concerning how to get certified).  By statute, the federal government must attempt to steer five percent (5%) of all federal contracting dollars to WOSBs and EDWOSBs.  Under the current law, however, reaching this goal has been elusive.  This is, in part, due to the caps in place that govern set-aside contracts for women-owned businesses.  Manufacturing contracts in excess of $6.5 million, and any other contract exceeding $4 million, cannot be set-aside for WOSBs or EDWOSBs.  The NDAA removes this ceiling, allowing women-owned businesses greater access to federal contracts, and, hopefully, enabling the government to actually reach its 5% goal.

The NDAA also includes a provision requiring the SBA to further study and identify those industries in which WOSB and EDWOSBs are “underrepresented.”  Currently, eighty-three (83) NAICS codes have been recognized as those where women have been historically underrepresented.  Contracting officers are permitted to set aside contracts in industries falling within those classification codes, as long as that contract can be awarded at a fair and reasonable price, and the contracting officer has a reasonable expectation that two or more WOSB or EDWOSBs will bid or submit offers.  The identification of additional industries should result in more contracts being set aside for women-owned concerns.

SBA Administrator Karen Mills, who will be stepping down very soon, described the potential benefits of these changes, explaining that women currently own approximately thirty percent (30%) of all small businesses, making women one of the fastest-growing sectors of business owners in the country.  As such, Mills said, “opening the door for women to compete for more federal contracts is a win-win.”  If you are a woman-owned, small business contractor and want these new changes to result in a “win” for you, check your eligibility, and get registered as soon as possible!

Business auto insurance for a handyman can provide coverages on the below listed vehicles.

*    Pickup Truck Insurance
*    Business Auto Insurance
*    Van Insurance
*    Trailer Insurance
*    Truck Insurance
*    Dump Truck Insurance

Workers’ Compensation insurance helps to cover the medical costs and a portion of lost wages for an employee who becomes ill or injured during work. Discover if you’re eligible to include Workers’ Compensation coverage to your handyman insurance package.

General liability insurance, or other wise known as GL, is a fundamental part of handyman insurance. It 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.

Here are some common types of business insurance: Business Property Insurance: Coverage against loss or damage to your business property or contents. Business Liability Insurance: Coverage against a claim by others that your business caused them a loss Commercial Auto Insurance: Coverage for vehicles used by your business.  If you produce goods, you may want to look into purchasing product liability insurance.

This goes beyond general liability because it protects you in case your products, once out there in the world, cause injury to customers.  General liability insurance is a type of business insurance that covers any issues that arise concerning you business, such as accidents, injuries and negligence.  If your company manufactures goods, wholesales or retail sales goods, product liability insurance can help protect you in issues concerning the safety of those goods

There are several types of handyman insurance coverages available.  The type of coverage required depends on the business and state that you operate.  Each business has separate needs.  As you will see, there are many business insurance coverage options available.

Business owners providing services should consider having professional liability insurance (also known as errors and omissions insurance).  However, homeowners policies only go so far in covering home-based businesses and you may need to purchase additional policies to cover other risks, such as general and professional liability.  A BOP is a package that bundles property and liability insurance together through one affordable premium.

The Equipment Leasing and Finance Association (ELFA), which represents the $725-billion equipment finance sector, recently revealed its Top 10 Equipment Acquisition Trends for 2013

Revised government data issued recently show the construction industry is contributing substantially to economic and employment growth.

New construction starts in December climbed 23% to a seasonally adjusted annual rate of $530 billion, according to McGraw-Hill Construction, a division of The McGraw-Hill Cos. The sharp increase for total construction followed two months of lackluster activity, as several very large projects in December helped to lift the pace of contracting.

Litigation over demolition of the $275-million Harmon Hotel at CityCenter in Las Vegas will stretch into 2014, after a recent court ruling.

Arizona State University students funded a modern makeover for a 1930s post office in downtown Phoenix.  ASU was granted usage in most of the U.S. Post Office Building on Central Avenue after ownership was transferred from the federal government to the City of Phoenix, which partners with ASU on all its downtown campus projects. The school’s challenge was to adapt part of the aging interior into a modern facility, dubbed the Student Center @ the Post Office, complete with a high-tech learning center, recreation/social spaces and meeting rooms for dozens of student organizations.

The former Las Vegas City Hall is undergoing a $44-million renovation to provide a modern home for the quirky Internet retailer. Internet retail giant Zappos.com signed a 15-year, $18-million lease to occupy the city’s former digs in December 2010 and is currently spending $43.5 million to update the 11-story building completed by Del E. Webb in 1973.

The SkyVue project in Las Vegas has shed its liens but still faces delays. Until the developer of Las Vegas’ newest attraction—the $300 million SkyVue observation wheel—had filled in the gaps in the project’s finances, the contractors’ legal bills seemed to be climbing higher than the structure

A continuing surge in the overall value of new residential construction contracts is raising the state of Florida’s overall contract volume.

Following in the footsteps of schools that have brokered development partnerships between high-tech companies and academia as well as cities that have revitalized struggling districts into 24/7 neighborhoods, the University of Florida is going outside its Gainesville campus gates and stepping into the shoes of an urban renewer. The UF goal is to turn an adjacent neighborhood full of underutilized low-rise buildings into a 40-acre compact community where people work, live and play. Having overcome the many zoning, infrastructure and cultural challenges that stood in its way, Innovation Square—which could encompass more than 5 million sq ft when it is built out—is on its way.

DPR Construction’s purchase of Atlanta-based Hardin Construction is the result of a long-term plan to expand into the Southeast.  DPR Construction, the California-based building contractor and construction manager that has built itself into a $2-billion-a-year business on high-tech construction and a push for innovation, is making moves to expand its footprint. And the company’s first step in that direction is starting in the Southeast.

Utility Duke Energy announced on February  5th 2013  that it is canceling previous plans to repair its damaged Crystal River nuclear plant in Citrus County, Fla. Instead, the company says it will build a new natural-gas power-plant elsewhere in the state to replace the retired 914-MW facility.

There were 40 deals last year in the tristate region, which continues to attract M&A dollars. Industry merger and acquisition activity grew 14% to about 200 deals nationwide last year but was relatively flat in the tristate region, says Mick Morrissey, managing principal at A/E/C management consulting firm Morrissey Goodale, Newton, Mass. Even so, many buyers continued to view the tristate region as a good place to spend their M&A dollars.

Ex-transit chief tells luncheon crowd about his future plans for running Mayor. He adds that “first-rate planning” helped MTA’s Sandy recovery efforts. Most of Lhota’s speech, was focused on MTA’s restoration of the city’s 108-year-old transit system in the wake of Superstorm Sandy.

New enclosed transit center to create 400 Rochester construction jobs. It will take about two years but Rochester, N.Y., bus riders will have a new 87,000-sq-ft, enclosed transit center that promises to make their waits and transfers more comfortable and convenient, city officials say. Workers broke ground last November on the $50-million center, which is set for completion in spring 2015 and is projected to create 400 Rochester construction jobs and 50 new, permanent positions.