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Preparing to bid in a new state

March 25, 2019 By Nancy Cleveland

If you’re expanding your business, you’ve got to put together a game plan — especially if you’re expending into other jurisdictions.

When a client is so pleased with your work on one project that they offer up more business, sometimes the invitation is sweeping, with the potential to dramatically expand your company’s footprint. No one wants to turn away work, particularly from a valued client.

But, if those projects are in jurisdictions that are new to the company, there will be some regulatory homework to do before making a commitment.

What licenses, paperwork, agreements, etc. will you need to do the work? Are exams required? Depending on the answers to these questions, and the processing times of the various jurisdictions, the licensing process can take anywhere from 1 to 6 months. So, how can you answer a client’s request confidently when opportunity comes knocking?

Consider using a business licensing provider with experience dealing with architecture, engineering and construction (AEC) firms. They can provide accurate time estimates for specific licenses and jurisdictions and have the knowledge to ensure timely file preparation, review and approval. Another option is to hit the books and research licensing requirements within the project’s jurisdiction(s).

Keep reading this article at: https://www.constructionbusinessowner.com/law/regulations/preparing-bid-new-state

Filed Under: Contracting Tips Tagged With: construction, government regulations, license, licensing, regulation, state and local government

Federal Circuit Court clarifies infringement liability for contractors

July 16, 2018 By Nancy Cleveland

Performance of a government contract often requires use of patented processes and products, which may not be owned by or licensed to the United States or the performing contractor.  Section 1498 of Title 28 of the U.S. Code establishes an exclusive remedy for patent owners to obtain just compensation when the United States or its contractors infringe their patents, while also shielding contractors from infringement liability and ensuring private patent rights do not obstruct government operations.

Under that statutory framework, when a contractor performing work “for the Government and with authorization or consent of the Government” is accused of patent infringement, § 1498 generally shields the contractor from liability and provides that any infringement action must be brought as a claim for money damages against the United States in the Court of Federal Claims.

In other words, § 1498 “waives the Government’s sovereign immunity and provides a remedy ‘[w]henever an invention described in and covered by a patent of the United States is used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same.'”

“By waiving the Government’s sovereign immunity, § 1498 ‘provides a cause of action against the United States’ and [a]t the same time, … protects government contractors against infringement liability and remedies where it applies.'”

Over a century old, § 1498 implements important, long-standing policies that:

1) contractors should not bear the risk associated with performing work for the government that may be infringing, and

2) the government may be liable for money damages (i.e., just compensation) for its infringing activities, but its operations will not be enjoined.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=716932

 

Filed Under: Contracting Tips Tagged With: CFC, infringement liability, license, patent, sovereign immunity

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