Better Roads Digital Magazine
Issue link: http://read.dmtmag.com/i/276457
Better Roads March 2014 23 because the county was not an owner, did not have a contract with R&R was not seeking payment from the county. In addition, R&R's work was performed on private land, which was never accepted by the county. Further, the project was not described as a public im- provement in the Multiple Agreement or payment bond. Finally, the amount of the payment bonds were only about 50 percent of the estimated cost of improve- ments, while public works projects require bonds that are at least 100 percent of the contract amount. Since the project was private, R&R was not subject to the notice requirements for public projects and had four years to file suit against Bond Safeguard. As a re- sult, the appeals court reversed the judgment against R&R. The R&R Pipeline case illustrates one important dis- tinction between public and private projects – the allowable timeline to bring a lawsuit on a labor and material pay- ment bond. Here, the public ver- sus private distinction was criti- cal to R&R being permitted to continue with its law- suit seeking more than $1.2 million in damages. In addition to bonding issues, the public versus private distinction has important implications in other areas, including public bidding laws, prevailing wage requirements and public contracting requirements. It is important for contractors to understand the realm in which they are contracting – public or private – and applicable legal requirements so they can best protect their rights. IT WILL CHANGE YOUR JOB SITE Time wasted replacing pumps and performing maintenance on your lube equipment - or cleaning up dreaded oil spills - slows down your job site and costs you money. That's why Sage Oil Vac lube equipment features "no pump" designs that use low pressure compressed air to vacuum used oil and dispense new oil. Vacuum load product tanks up to 15 gallons per minute make for fast fluid changes and an enclosed clean system reduces the chance of spillage - making it safer for your employees and the environment. It's why Sage Oil Vac is fast becoming the preferred lube equipment of construction sites worldwide. Full Line of High-Quality Lube Equipment: • MOBILE LUBE TRUCKS • MOBILE LUBE TRAILERS • MOBILE LUBE SKIDS • LUBEBUILDER SERIES 877-OIL-VACS • WWW.SAGEOILVAC.COM 7H[W,1)2WRRUYLVLWZZZEHWWHUURDGVFRPLQIR