Government and Public Works Articles

September 16, 2009

This paper summarizes common constitutional and legislative limitations1 on the liability allocation approaches in state and local government contracting.Requests by contractors for indemnification or hold harmless provisions2 often are opposed by governments based on constitutional principles. Other liability allocation techniques, such as warranty disclaimers, damage exclusions, ceilings on contractual damages orother liability, usually are not analyzed in terms of constitutional provisions. These clauses do not create liability of the state flowing to the contractor or a third party, but they limit possible damages that can be claimed against a contractor. This paper highlights common themes in analyzing the legality of these provisions.  Full Story 

March 4, 2009

If you have an environmental issue that you feel needs to be addressed, there is a petition process that all citizens are required to follow. You do need to do your research about the issue and contact your local government authority to find out more about the project and express your concerns. This will help you decide if this project warrants a review and whether or not you need to start a petition about the issue. Full Story 

March 4, 2009

Most people know about public records, that the government holds all kinds of paperwork on everyone. However, when it comes to searching for someone in the public records, things become a little murky. What information is available? Where to find the information? And how to get at the information? Starting off, there is the federal government. Full Story 

November 4, 2008

Erosion is the detachment and transport of sediment particles caused by wind, rain, ice, and gravity. Sediment is a byproduct of erosion and is composed of organic and mineral particles that are suspended, transported and relocated from their origin. The deposition of these particles is called sedimentation. Erosion is a natural event. It is a slow, uniform process that is essential for maintaining a balance between plant and animal life. It is a soil forming process. Human induced land disturbing activities such as construction or mining greatly accelerate the natural erosion process. Many studies have been done on our nations waterways and sediment has been found to be one of the top pollutants. Full Story 

October 28, 2008

This paper summarizes common constitutional and legislative limitations1 on the liability allocation approaches in state and local government contracting.Requests by contractors for indemnification or hold harmless provisions2 often are opposed by governments based on constitutional principles. Other liability allocation techniques, such as warranty disclaimers, damage exclusions, ceilings on contractual damages orother liability, usually are not analyzed in terms of constitutional provisions. These clauses do not create liability of the state flowing to the contractor or a third party, but they limit possible damages that can be claimed against a contractor. This paper highlights common themes in analyzing the legality of these provisions.  Full Story 

October 16, 2008

This paper summarizes common constitutional and legislative limitations1 on the liability allocation approaches in state and local government contracting.Requests by contractors for indemnification or hold harmless provisions2 often are opposed by governments based on constitutional principles. Other liability allocation techniques, such as warranty disclaimers, damage exclusions, ceilings on contractual damages orother liability, usually are not analyzed in terms of constitutional provisions. These clauses do not create liability of the state flowing to the contractor or a third party, but they limit possible damages that can be claimed against a contractor. This paper highlights common themes in analyzing the legality of these provisions.  Full Story 

September 17, 2008

In 2005, Congress passed the Real ID Act of 2005. The Act prescribes uniform requirements for State-issued driver's licenses and identification cards to enable their acceptance as identification for entry to federal facilities and boarding federally-regulated commercial carriers, i.e., commercial airlines. On December 13, 2007, the Department of Homeland Security announced availability of grant funding for the States for a demonstration program, the 2008 Real ID Demonstration Grant Program.[1] The program guidance and grant application kit stated, "the Department encourages grant applications from States with a multi-state approach to Real ID identification systems implementation design and development."   Full Story 

August 26, 2008

Not so long ago, persuading corporate executives that they needed extensive preparation before testifying in a legal proceeding was a battle. Many confident, articulate executives were convinced they could just "go in and tell my story," and they were insulted by the notion that they needed some lawyer to prepare them. Too many experienced lawyers didn't push back. Full Story