Attorney Liability & Conduct

Complex Commercial Litigation

Construction

Cyber and Supply Chain Security

Disability Rights

E-Commerce

Environmental Law

Government Contracts

Labor & Employment

Retail Industry Trade Regulation

White Collar Criminal Defense



Publications by Aaron P. Silberman

Construction

Considerations for canceling state, local agency contract, San Francisco Daily Journal, Nov. 7,  2016

How State and Local Public Agencies May (or May Not) Terminate Construction Contracts (PDF) The Construction Lawyer, Spring 2016

State & Local: Square Peg, Round Hole: Bid Protests in Nontraditional Construction Procurement (PDF) The Procurement Lawyer, Winter 2016

State and Local: How Public Agencies May (or May Not) Terminate Contracts (PDF) The Procurement Lawyer, Vol. 49, No. 4, Summer 2014

Construction Subcontracting: A Comprehensive Practical and Legal Guide (ABA Webstore) ABA Publishing, 2014 (co-authored) Chapter 5, “Mechanic’s Liens and Other Remedies," Chapter 9, “Terminations,” and Chapter 17, “Public Projects (Federal, State, and Local)”

Hoping for Summary Judgment on California False Claims? Au Contreras (PDF) AGC California Legal Brief, March, 2014, co-authored

Contractors Should Watch Out for Big Changes Coming to the California False Claims Act (PDF) California Constructor, by AGC California, September/ October 2012, co-authored

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

---------------------------------------------------------------

Associated General Contractors of California Legal Advisory Committee New Cases of Interest (2002-2004)

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) (co-authored by Rob Osier, and David Tomlinson)
March 11 through April 5, 2002 (PDF)
January 12 through February 8, 2002 (PDF)

---------------------------------------------------------------

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

Legal Issues and Strategic Tips for Defending Against False Claims Allegations (PDF)
and an accompanying presentation (Power Point) 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

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

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

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

False Claim Laws: What Every Public Contract Manager Needs to Know (PDF)
Presented 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, Reprinted in CheckSet, Newsletter of the Texas Society of Architects, June 2004, Vol. 32, Issue 3 -- 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," co-authored by Pamela Phillips and David J. Tomlinson

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

Beyond Changes: Abandonment and Cardinal Change (PDF) The Construction Lawyer, Fall 2002

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

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

"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 co-presented by Neil O'Donnell, Michael Matthews, Patricia Meagher 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, co-authered by Neil O'Donnell

---------------------------------------------------------------

Disability Rights

Commentary: An Update on Disabled Access Laws and the Internet (PDF)
BNA's Americans with Disabilities Act Manual, January 2007

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.

Legal Update: 2005 Disabled Access Law Developments in California (PDF)
California Grocers Association News & Review

Recent Developments in Section 508 Disabled Access Requirements for IT Procurements (PDF) The Procurement Lawyer, Volume 40, No. 3, Spring 2005

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, Reprinted in CheckSet, Newsletter of the Texas Society of Architects, June 2004, Vol. 32, Issue 3 -- PDF

Commentary: Disabled Access Laws and the Internet (PDF) BNA's Americans with Disabilities Act Manual, January 2004

Disabled Access Laws and the Internet -- An Unsettled Area (PDF)
Corporate Counsel Weekly Newsletter, December 3, 2003, Reprinted in Corporate Counsel's Guide to the Americans with Disabilities Act, May 2004 -- PDF

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

Accommodations and the Interactive Process Under the FEHA (PDF)
Presented at the Northern California Human Resources Association 2002 Annual Conference on September 30, 2002, co-authored by Dennis C. Huie

Disabled Access and the Internet: Legal Issues (PDF) Presented for the Bar Association of San Francisco Barristers High Tech Law Committee, August 2002

Open Question (PDF) -- Viewpoint: The California Supreme Court, and new legislation, could significantly alter the landscape for attorneys who are contemplating litigation under workplace disability laws.
Verdicts & Settlements, July 7, 2000, co-authored by Dennis C. Huie

---------------------------------------------------------------

E-Commerce

Commentary: Disabled Access Laws and the Internet (PDF)
BNA's Americans with Disabilities Act Manual, January 2004

Disabled Access Laws and the Internet -- An Unsettled Area (PDF)
Corporate Counsel Weekly Newsletter, December 3, 2003, Reprinted in Corporate Counsel's Guide to the Americans with Disabilities Act, May 2004 -- PDF

Disabled Access and the Internet: Legal Issues (PDF)
Presented for the Bar Association of San Francisco Barristers High Tech Law Committee, August 2002

---------------------------------------------------------------

Employment

Accommodations and the Interactive Process Under the FEHA (PDF)
Presented at the Northern California Human Resources Association 2002 Annual Conference on September 30, 2002, co-presented by Dennis C. Huie

Open Question (PDF) -- Viewpoint: The California Supreme Court, and new legislation, could significantly alter the landscape for attorneys who are contemplating litigation under workplace disability laws. Verdicts & Settlements, July 7, 2000, co-authored by Dennis C. Huie

---------------------------------------------------------------

Government Contracts

How State and Local Public Agencies May (or May Not) Terminate Construction Contracts (PDF) The Construction Lawyer, Spring 2016

State & Local: Square Peg, Round Hole: Bid Protests in Nontraditional Construction Procurement (PDF) The Procurement Lawyer, Winter 2016

State False Claims Acts: A Practitioner’s Guide to the False Claims Acts of the Various States (ABA Webstore) ABA Publishing, 2014, by Aaron P. Silberman and Dennis J. Callahan, co-authors (The Federal FCA, California, and Nevada chapters)

State and Local: How Public Agencies May (or May Not) Terminate Contracts (PDF) The Procurement Lawyer, Vol. 49, No. 4, Summer 2014

Construction Subcontracting: A Comprehensive Practical and Legal Guide (ABA Webstore) ABA Publishing, 2014 (co-authored)

Hoping for Summary Judgment on California False Claims? Au Contreras (PDF) AGC California Legal Brief, March, 2014, co-authored

Ninth Circuit Holds That False Estimates in Federal Bids Are Actionable Under the False Claims Act (PDF) RJO Update, August 2012 (co-authored)

States Broadening Their False Claims Acts in Response to Federal Incentives (PDF) RJO Update, July 2012 (co-authored)

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

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

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

Best Practices in the Acquisition of a Government Contractor (PDF table of contents) ABA Publishing, 2010 with sections authored co-authored by Allan J. Joseph and Suhani Kamdar

"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

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

The Supreme Court Raids the Public Disclosure Bar: Cleaning Up After Rockwell International v. United States (PDF) The Procurement Lawyer, Vo. 42, No. 4, Summer '07 by, co-authored by David F. Innis

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

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

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

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

Recent Developments in Section 508 Disabled Access Requirements for IT Procurements (PDF) The Procurement Lawyer, Volume 40, No. 3, Spring 2005

Legal Issues and Strategic Tips for Defending Against False Claims Allegations (PDF)
and an accompanying presentation (Power Point) 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

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

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

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," co-authored by Pamela Phillips and David J. Tomlinson

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

Analysis & Perspective -- Knowing Your Limitations: Statute of Limitations Issues in Actions Under the False Claims Act Federal Contracts Report, August 21, 2001, Vol. 6, No. 8

Bridging the Great Divide: State governments continue to lag behind in their willingness to take advantage of streamlined commercial contracting initiatives (PDF)
Contract Management, July 2001, co-authored by Allen Samelson

FAR Part 15 Commercial Acquisition Initiatives, A Presentation to the Tri-Valley Chapter of the National Contract Management Association, May 29, 1998, co-presented by Allen Samelson

---------------------------------------------------------------

Retail Industry Trade Regulation

California Offers Protection and San Francisco Adds New Responsibilities Under Disabled Access Laws (PDF) RJO Update, October 2012, co-authored by Aaron P. Silberman, Dennis C. Huie and Christine S. Liyanto



Back to top



Return to Bio for
Aaron P. Silberman