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The Small Business Administration (“SBA”) has issued a SBA Information Notice stating that the change made to size determinations in the Small Business Runway Extension Act (“SBREA”) is not yet effective. The SBREA did not contain an effective date, and the Small Business Act requires that the SBA’s Administrator make size determination changes effective through a rulemaking process. The SBA Notice states that until SBA changes its regulations, concerns must report their receipts based on…
Individuals frequently sign contracts without reading and understanding the significance of an arbitration provision which may be included and the type of dispute to which it will apply.  In a 2017 decision, the Mississippi Court of Appeals addressed for the first time “whether a challenge to the validity of an arbitration clause may be brought post-arbitration.” [Click here for Decision] In that case, the contractor had entered into an agreement for services with…
On December 17, 2018, the Small Business Runway Extension Act was signed into law by President Trump and became P.L. 115-324. The new law amends the Small Business Act at 15 USC§632(a)(2)(C)(ii)(11) by enlarging the period in which small business size status must be determined for those concerns whose size is determined on the basis of gross receipts. Prior to the new law, that period was required to be “not less than 3 years”. Now,…
On December 11, 2018, the United States Secretary of Transportation announced the award of grants to pay for ninety-one (91) infrastructure revitalization projects through the DOT’s Better Utilizing Investments to Leverage Development (“BUILD”) program. Projects funded through BUILD grants include road, rail, port, and transit infrastructure projects. The two projects awarded in Mississippi include (1) a $13 million grant to fund road reconstruction and bridge replacements along 2.6 miles of Holly Springs Road and (2)…
Mississippi procurement statutes are clear and unambiguous with regard to the requirement for the listing of a contractor’s certificate of responsibility on the outside of the bid envelope, if the bid is more than $50,000.00. It is also critical to remember the contractor’s name of the bid must be the name recorded as the holder of the Certificate of Responsibility with the Mississippi State Board of Contractors. On a number of occasions, contractors have made…
On August 16, 2018, the Mississippi Supreme Court laid to rest any confusion regarding how public authorities are to address the situation where the apparent low bidder’s bid exceeds the “allocated funds” by more than ten percent (10%). [Click here to see Decision]. The procurement in question involved bids for a construction project in the City of Clarksdale (“the City”). The bids received exceeded the “allocated funds” by more than ten percent (10%).…
Biggs, Ingram & Solop attorneys were recently selected by their peers for inclusion in The Best Lawyers in America, 2019. Christopher Solop was selected for inclusion in the fields of Construction Law, Government Contracts Law and Litigation – Construction Lynn Patton Thompson was selected for inclusion in the field of Construction Law. Otis Johnson, Jr. was selected for inclusion in the fields of Oil and Gas Law, Energy Law and Natural Resources Law. Robert A.…
  One of the most frequently asked questions when a party is faced with litigation is whether or not they will be able to recover attorney fees. The general rule is that attorney fees cannot be awarded unless there is a contract provision or statute permitting their award. An exception to this rule is if there is a finding of bad faith on the part of one of the parties, which is a difficult standard…
Mississippi’s Little Miller Act, Miss. Code Ann. §§ 31-5-51, et seq., which is modeled after the federal Miller Act, 40 U.S.C. §§3131, et seq., requires that a subcontractor file suit on its payment bond claim “within one (1) year after the day on which the last labor was performed or material was supplied by the person bringing the action and not later.” Miss. Code Ann. § 31-5-53(b). This language appears to be straight forward. Nonetheless,…
  If you have been involved in a construction related arbitration and received an award, you should know it can only be challenged under the limited grounds set forth in the Mississippi Construction Arbitration Act, Miss. Code Ann. §§ 11-15-101, et seq. One of the grounds for challenging an arbitration award is there has been an “evident miscalculation” by the arbitrator. Miss. Code Ann. § 11-15-135(1)(a). The Mississippi Supreme Court, in a case of first…