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Publications: Construction

Construction Subcontracting: A Comprehensive Practical and Legal Guide (ABA Webstore) ABA Publishing, 2014, by Aaron P. Silberman, lead editor and co-author; Mark J. Linderman, co-author; Robert M. Osier, co-author; Tyson Arbuthnot, Walter S. Chen, and Syreeta Tyrell, contributors

Hoping for Summary Judgment on California False Claims? Au Contreras (PDF) AGC California Legal Brief, March, 2014, by Aaron P. Silberman and Dennis J. Callahan

Diversity: How to Qualify for the Women-Owned Small Business Federal Contracting Program, Under Construction, January 2013, Vol. 15, No. 1, by Patricia A. Meagher

A Contractor By Any Other Name Is Not A Contractor (PDF) RJO Update: Case Law Alert, December 2012, by Alan J. Wilhelmy and Tyson Arbuthnot

Contractors Should Watch Out for Big Changes Coming to the California False Claims Act (PDF) California Constructor, by AGC California, September/ October 2012, by Aaron P. Silberman and Dennis J. Callahan

What Contractors Can Learn From Indiana v. IBM (PDF) Law 360, August 16, 2012, by Robert S. Metzger and Mark J. Linderman

California Supreme Court Restricts Application of Prevailing Wage Law in City of Vista Decision (PDF) RJO Update: Case Law Alert, July 2012, by Joseph C. McGowan, Jr. and Tyson Arbuthnot

Advising Construction Contractors: Suspension and Debarment, A CLE teleconference for the ABA Public Contract Law Section, Construction Division, June 28, 2012 (Slide Show) and (Case Study) co-presented by Neil H. O'Donnell and Jeffery M. Chiow

Construction Law Update: Recodification of the Mechanic's Lien Laws and Related Construction Remedies (PDF) RJO Update, June 2012, by RJO Construction Practice Group

The Alternative Dispute Resolution Practice Guide, Thomson-West, 2012, by Alan J. Wilhelmy (contibuting author)

Construction Defects ABA Publishing, 2012, co-edited by Roland Nikles

Integrated Project Delivery and the Cost Curve: Are the Metrics, In? (PDF) California Constructor, May/June 2012, by Roland Nikles

HR & Employee Issues - The Independent Contractor: When is a Worker Truly Independent?" (PDF) United Contractors, Issue 3, Vol. 218, March 2012, co-authored by Joseph C. McGowan, Jr. and Dennis C. Huie

Construction Newsletter: Significant Changes to California Construction Laws for 2012 (PDF) RJO Construction Law Newsletter, January 2012, by RJO Construction Practice Group

COMMENTARY: Integrated Project Delivery and the Cost Curve (PDF) Construction Advisory Report, Hill Int'l, December 2011, by Roland Nikles

The Future Is Bright for Energy Savings Performance Contracts (PDF) Construction Briefings, No. 2011 - 10, October 2011, by Aaron Silberman

"Is It Public, or Is It Not?" What to Watch for When Public and Private Become Entwined, and Why It Matters (PDF) The Clause, Boards of Contract Appeals Bar Association, Vol. No. XXI, Issue No. 3 - June 2011, by Roland Nikles

CA Supreme Court Clarifies Rule on Contractor Claims (PDF) California Constructor, Vol. 41, No. 3, March 2011, by Alan J. Wilhelmy

Summary of New California Storm Water Permit (PDF) September 23, 2010, by Tyson Arbuthnot

The California False Claims Act: A Powerful Weapon Against Contractors Gets More Powerful (PDF) AGC California Legal Briefs Issue 10 - 01, May 2010, by Aaron P. Silberman

Disputes and Litigation of Energy Savings Performance Contracts (PDF) Construct!, Volume 19, No. 1, Spring 2010, by Aaron P. Silberman

Cal Green: Green Building in California Moves Beyond Voluntary Measures (PDF) California Constructor, Vol. 40, No. 3, March 2010, by Aaron P. Silberman and Tyson Arbuthnot, co-authors

Federal Government Construction Contracts (PDF table of contents) ABA Publishing, 2010, by Aaron P. Silberman, co-editor and co-author (Review PDF)


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Associated General Contractors of California Legal Advisory Committee New Cases of Interest (2010), by Tyson Arbuthnot

New Case Summaries through November 5, 2010 (PDF)
New Case Summaries through June 16, 2010 (PDF)
New Case Summaries through April 9, 2010 (PDF)
New Case Summaries through February 4, 2010 (PDF)

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Client Alert: New FAR Requirements for Mandatory Disclosure (PDF)
June 2009, by Rogers Joseph O'Donnell

New FAR Requirements for Mandatory Disclosure Take Effect (PDF) California Constructor, Vol. 39, No. 3, March 2009, by Robert M. Osier

Client Alert: California's Budget Woes Threaten Its Ability to Pay Its Contractors: Will Your Next Progress Payment Be an IOU?, (PDF) RJO Client Alert, January 22, 2009, by Aaron P. Silberman

Hurry Up and Wait: TROs and Other Immergent Relief (PDF)
Construct!, Volume 18, No. 1, Summer/Fall 2008, and Litigation News, Fall 2008, by Aaron P. Silberman

Green Building: Federal, State, and Local Governments LEED the Way (PDF)
The Procurement Lawyer, Vol. 43, No. 3, Spring '08, by Aaron P. Silberman

The Future Is Now, or Is It? Today's and Tomorrow's Issues for General Contractors in the Use of Building Information Modeling (PDF) California Constructor, Volume 37, No. 8, August 2007, by Aaron P. Silberman

No License? No Problem? Court Limits Public Agencies' Ability to Reject Bids Listing Unlicensed Subcontractors (PDF) AGC California Legal Briefs Issue 07 - 03, April 2007,
by Aaron P. Silberman

False Claims Issues in Subcontracting (PDF)
Briefing Papers, No. 06 - 8, July 2006, by Aaron P. Silberman

GSA's Building Information Modeling Program Raises Cutting-Edge Construction, Contracting, and Procurement Issues (PDF)
The Procurement Lawyer, Volume 41, No. 4, Summer 2006, by Aaron P. Silberman and Michele L. McKee

Guest Commentary: Major Legal Issues Impacting California Contractors (PDF)
California Constructor, Volume 36, Number 3, March 2006, by Aaron P. Silberman

California Supreme Court Rules on Contractor Payment Issue(PDF)
California Constructor, Volume 36, Number 2 - February 2006, by Aaron P. Silberman

Aaron P. Silberman, is quoted in "Stick to ADA Guidelines: Being familiar with Americans with Disabilities Act guidelines is a must for any contractor" (PDF) by Mark Terry on the Lowe's for Pros website.

A Contractor That Is Properly Licensed for Only Part of the Work It Performs May Not Recover Compensation for Any of Its Work, Including Work It Performs While Licensed (PDF) AGC California Legal Briefs Issue 06-02, February 2006, by Aaron P. Silberman

Court Defines Scope of Waiver and Release Upon Progress Payment (PDF)
Rogers Joseph O'Donnell Construction Newsletter, Winter 2005, by Patricia A. Meagher

Abandonment and Cardinal Change Claims on "Projects from Hell" (PDF)
The Construction Lawyer, Volume 25, No. 4, Fall 2005, by Aaron P. Silberman

How to Prevent and Defend Against False Claims Allegations (PDF)
Construct!, Volume 14, No. 4, Summer 2005, by Aaron P. Silberman

Getting Paid When The Project Stalls Before Construction Begins (PDF)
California Constructor, Volume 35, Number 4 - April 2005, by Robert M. Osier

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Associated General Contractors of California Legal Advisory Committee New Cases of Interest (2002-2004), by Aaron P. Silberman

June 5 through December 10, 2004 (PDF)
May 14 through June 4, 2004 (PDF)
March 8 through April 8, 2004 (PDF)
January 12 through February 6, 2004 (PDF)
November 18 through December 5, 2003 (PDF)
May 19 through June 13, 2003 (PDF)
March 10 through April 4, 2003
January 1 through February 7, 2003 (PDF)
April 8 through July 7, 2002 (PDF) (by Aaron P. Silberman, Rob Osier, and David Tomlinson)
March 11 through April 5, 2002 (PDF)
January 12 through February 8, 2002 (PDF)

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Sitting on the Subcontractor's Check May Result in a Huge Pain in the . . . Wallet (PDF) Rogers Joseph O'Donnell Construction Newsletter, Winter 2004, by Robert M. Osier and J. Michael Matthews

Contractor Liability Under Federal and State Disabled Access Laws (PDF) Rogers Joseph O'Donnell Construction Newsletter, Winter 2004, by Aaron P. Silberman

Enforcing Your Right to Payment -- Payment Bond Claims Under The Miller Act (PDF)
Rogers Joseph O'Donnell Construction Newsletter, Fall 2004, by Patricia A. Meagher

Legal Issues and Strategic Tips for Defending Against False Claims Allegations (PDF)
and an accompanying presentation (Power Point), by Aaron Silberman at the 2004 Annual Retreat of the Association of General Contractors of California's Legal Advisory Committee at Carmel Valley Ranch, Carmel, California on September 18, 2004.

Federal and State False Claims Laws and the Construction Contractor (PDF)
Construction Briefings, No. 2004 - 8, August 2004, by Aaron Silberman

Enforcing Your Right to Payment -- The Payment Bond (PDF)
Rogers Joseph O'Donnell Construction Newsletter, Summer 2004, by Patricia A. Meagher

New Federal Overtime Regulations Take Effect (PDF)
Rogers Joseph O'Donnell Construction Newsletter, Summer 2004, by Dennis C. Huie

California Case Notes for the Construction Committee of the Litigation Section of the American Bar Association (PDF)
Posted on the Committee Website on July 6, 2004, by Aaron Silberman

Federal Court Refuses to Throw Out San Francisco's False Claims Lawsuit Against Tutor-Saliba (PDF)
AGC California Legal Briefs, Issue 04-04, June 2004, by Aaron Silberman

Abandonment and Cardinal Change on State and Local Construction Projects (PDF)
The Procurement Lawyer, Volume 39, No. 3, Spring 2004, by Aaron Silberman

Enforcing Your Right to Payment -- Stop Notices (PDF)
Rogers Joseph O'Donnell Construction Newsletter, Spring 2004, by Patricia A. Meagher

False Claim Laws: What Every Public Contract Manager Needs to Know (PDF)
Presented by Aaron Silberman to the National Contract Management Association (NCMA) World Congress in Orlando, Florida on April 27, 2004

Are Architects and Contractors Potentially Liable under the Americans with Disabilities Act for the Design and Construction of Inaccessible Facilities? (PDF)
Construct!, Winter 2004, Vol. 13, No. 2, by Aaron P. Silberman
Reprinted in CheckSet, Newsletter of the Texas Society of Architects, June 2004, Vol. 32, Issue -- PDF

False Claims, Liability & Ethical Issues for Construction Attorneys (PDF)
A presentation by Pamela Phillips at the ABA's Forum on the Construction Industry's Winter 2004 Meeting, "Construction Dilemmas: Caught Between 'The Rock' and a Hard Place," by Aaron P. Silberman, Pamela Phillips and David J. Tomlinson

Contractor Liability Under Federal and State Disability Laws (PDF)
AGC California Legal Briefs, Issue 03-03, November 2003, by Aaron Silberman

Termination for Convenience Clause -- How to Make the Clause Work for You (PDF) Rogers Joseph O'Donnell Construction Newsletter, Fall 2003, by Patricia A. Meagher

Limits on Medical Inquiries of Union Hall Referrals (PDF)
Rogers Joseph O'Donnell Construction Newsletter, Fall 2003, by Dennis C. Huie

"The California False Claims Act: Public Entities' New Weapon Against Contractors"
Presented to Construction Division of ABA Public Contract Section, August 11, 2003
by Neil O'Donnell

Defective Work, Effective Litigation, Claims, Coverage and Trends: Experts in Defective Work Cases (PDF)
Presented to the Forum Committee on the Construction Industry, American Bar Association on October 3-4, 2002, by Neil H. O'Donnell

Beyond Changes: Abandonment and Cardinal Change (PDF)
The Construction Lawyer, Fall 2002, by Aaron P. Silberman

"Pay If Paid Clause" Is Not a Defense to a Miller Act Payment Bond Claim (PDF)
Procurement Lawyer, Summer 2002, Volume 37, Number 4, by Aaron P. Silberman

"To Pay or Not To Pay The Subcontractor: The Answer Can Get Expensive"
California Constructor -- Journal of the Associated General Contractors of California, May 2002, by Robert M. Osier and J. Michael Matthews

In Amelco Electric v. City of Thousand Oaks, the California Supreme Court Rules that Contractors Cannot Bring Abandonment Claims Against Public Entities in California (PDF) AGC California Legal Briefs, Issue 02-02, March 2002, by Aaron P. Silberman

"Construction Subcontracting"
A two-day Federal Publications seminar presented on June 13-14, 2001 in San Francisco, CA and on October 11-12, 2001 in Las Vegas, NV, by Neil O'Donnell, Michael Matthews, Patricia Meagher, Aaron Silberman, and Robert Osier

Amicus Curiae Brief filed in the Supreme Court of California on behalf of Associated General Contractors of California in Amelco Electric v. The City of Thousand Oaks,
by Neil O'Donnell and Aaron Silberman

"Loophole in Law Allows Surprise Payment Bond Claims"
California Constructor, Associated General Contractors of California, June 1998,
by Neil H. O'Donnell and Robert M. Osier

"Feature Comment: Default Terminations Motivated By 'Lack Of Further Government Need' Are Dealt Another Blow"
The Government Contractor, Vol. 40, No. 33 / August 26, 1998 - Pg. 3, by Neil H. O'Donnell

Rules in Flux: The New Standards for Recovery of Overhead Costs on Construction Claims
presented at the AGC Legal Advisory Committee Retreat in Carmel, California (October 17-18, 1998), by Neil O'Donnell

"Revolution or Evolution: Recent Developments in Federal Construction Law,"
presented to Associated General Contractors of California Legal Advisory Committee Retreat (October 26-27, 1996), by Neil H. O'Donnell and Allen Samelson

"Access to Federal Courts in Subcontract Disputes"
The Constructor, (June 1996), by Neil H. O'Donnell and Allen Samelson


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The Construction Practice Group publishes a periodic newsletter, which alerts practicing lawyers to developments and trends in the law governing our profession.  If you would like to be on our mailing list for this informative source of practice tips, please call us at (415) 956-2828 or e-mail us at webmaster@rjo.com.