Construction Law News Blog

Showing 7 posts by C. Michael Shull, III.

Kentucky Corrects Law That Previously Considered Private Construction Companies “Public Agencies”

Is a private construction company a “public agency”? Most people would respond in the negative. However, until April 2012, under Kentucky law, virtually all highway contractors and many vertical builders would be considered “public agencies” under Kentucky’s Open Records law.  Read More ›

Finalists Named For Kentucky, Indiana Portions of Ohio River Bridges Project

On April 23, 2012 Kentucky and Indiana both released their “short lists” for each respective portion of the Ohio River Bridges Project in Louisville, Kentucky.   The Kentucky Transportation Cabinet, charged with construction of the Interstate 65 Bridge in Downtown Louisville, trimmed its list of five prospective design-build firms to three.  The design-build teams who will move forward into the RFP in stage in Kentucky include: Read More ›

Indiana Finance Authority Discloses Consortium Responses for Ohio River Bridges Project

On Friday, April 13, the Indiana Finance Authority disclosed information concerning the six consortiums that responded to its request for Statements of Qualifications concerning the IFA’s bridge across the Ohio River to be constructed just east of Downtown Louisville.   The statements were submitted earlier in the week, on April 9th.   The IFA is currently scheduled to narrow the list to three of four candidates on or about April 23rd, who will respond to a formal RFP to finance, design and construct the (estimated) $1.3 billion bridge under an “Availability”/P3 procurement arrangement. Read More ›

The Kentucky Transportation Cabinet Announces Postponement of "Short List" Of Design Build Candidates

The Kentucky Transportation Cabinet announced today that it has postponed the announcement of its “short list” of design-build candidates for Kentucky’s new estimated $1.3 billion downtown bridge that was previously scheduled for yesterday. Read More ›

Funding from Commonwealth does not Automatically Invoke Application of Kentucky Model Procurement Code to Local Public Works Projects

The Kentucky Model Procurement Code (“KMPC”) governs the award of construction contracts by the Commonwealth, but does not automatically apply to a local government agency.  Only if the local governmental agency decides to adopt the KMPC does it apply.  But this may cause tension where a local public project can only be financed with assistance from state government.  In a recent Kentucky Court of Appeals case, Laurel Construction Company, Inc. v. Paintsville Utility Commission, 336 S.W.3d 903 (Ky.Ct.App. 2011), the effect of a Commonwealth grant of funds to local government’s procurement procedures, particularly the applicability or non-applicability of the KMPC to the local project, was examined.

In 2007, the Paintsville Utility Commission (“Commission”), a municipal entity providing water, sewer and gas services in Johnson and Lawrence counties, was in need of a new water tank.  In order to help fund the improvement, the Commission sought financial assistance from the State, eventually entering into a grant assistance agreement with the Kentucky Infrastructure Authority (“KIA”).  One provision of that agreement stated that “the [Commission] shall perform and/or cause to be performed all necessary acts (consistent with [the KMPC] and in accordance with applicable law) to plan design and construct the Project…”.      

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Ohio Appellate Court Examines Duties on Inspection for the Existence of Utility Lines

A decision from the Ohio Court of Appeals (Eighth Appellate District--Cuyahoga) clarifies the duties owed by excavators, designers and developers in relation to locating existing utilities. In Opincar v. F.J. Spanulo Constr., 2008 Ohio 6286 (Ohio App. 2008), a residential owner, the Opincars, acting as both developer and general contractor, contracted with Spanulo for the excavation, foundation and concrete work on a project that included the addition of a garage. After the project was complete, the local utility informed the Opincars that the garage was built over a gas line and had to be removed. Read More ›

Kentucky Senate to Vote on Bill Targeting Contractors Who Employ Unauthorized Workers

The Kentucky Senate will soon vote on a bill that punishes contractors who hire unauthorized alien workers. House Bill 441, which would modify K.R.S. 337, was passed on Thursday, March 5 by a vote of 87-7. Read More ›

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C. Michael Shull, III focuses his practice on construction law and litigation. Michael's client representations range from casinos and ENR Top 400 contractors to design firms and subcontractors.