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Trucking Company Charged With Illegal Transport of Hazardous Materials

 FROM THE US DOT Office of Inspector General On January 23, 2019, Wiley Sanders Truck Lines (Wiley Sanders) was charged by information in U.S. District Court, Central District California, Los Angeles, with three counts of willfully and recklessly transporting hazardous materials (hazmat), specifically, lead-contaminated plastic chips. The information alleges that on three dates—August 10, 2013;

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Truckers: Don’t Take DBE Participation Credit for Your Work Until You Read This

Truckers who don’t understand how their DBE certification benefits the prime contractor or government agency who hires them are driving blind. After suffering through the painstaking process of obtaining their DBE certification, and subjecting themselves to the audits and regulatory scrutiny that come with it, many truckers don’t know exactly how they’re helping meet the

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JetBlue Seeks MWBE Partners for JFK Expansion Project

JetBlue announced a potential opportunity for Minority and Women-Owned Business Enterprise (MWBE) investors to help finance the expansion and redevelopment of Terminals 6 and 7 at New York’s JFK International Airport. This represents a critical early step in achieving New York Governor Andrew Cuomo’s 30 percent MWBE participation goal for the multi-billion dollar transformation of

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Unlawful Fees Charged to Small Businesses

FRAUD ALERT – Kernan & Associates is currently investigating and pursuing cases against a number of rental, waste disposal, commercial food delivery, shredding/recycling, and other types of companies that deliver supplies or equipment.  Small businesses are being harmed by these big companies through the charging of a number of unlawful and misrepresented fees, including fees they

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When Lien Waivers are Illegal

When Lien Waivers are Illegal Transcript Excerpt from the Kernan and Associates Radio Hour (fictional): Attorney: Hello, caller, are you there? Caller: Hi. I have a stupid question. Can I give-up my right to file a mechanic’s lien? I just signed a contract and there’s a section that says I hereby waive may right to

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Sexism in the WBE Certification Process (Part 4)

Sarah’s initial application for WBE certification went smoothly. Phew! She had heard nightmares about the process. She worried about the regulators presuming that she didn’t have what it takes to run the business. She worried about the caprices of certification officers, their biases and subjectivity. She worried about the perception that she didn’t have the

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Sexism in the Certification Process (Part 3)

Sometimes there’s a major problem with the way government agencies decide which businesses can be certified as a WBE or DBE. The rule of law in New York and elsewhere says that women who own businesses certified in a certain trade must have the technical expertise to perform the work of that trade. If a

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The Difference Between “Delay” and “Disruption” in Construction Contract Claims and Why That Matters

Due to the complexity of construction, combined with changes often inherent as a result of the very nature of construction, a contractor’s actual performance can deviate significantly from its originally planned method, manner, sequence, and duration of work. A deviation can impact both the schedule performance period and the overall cost of the project. Delay

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Sexism in the WBE Certification Process – Part 2

Regulations lay traps for unsuspecting women seeking certification as a DBE or WBE. The traps even ensnare women seeking re-certification years after operating successfully as a WBE and relying on the certification as the cornerstone of their business plan. Take Jane Doe, for instance, she and her husband John (or father or male business partner

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Don’t Leave Money on the Table – Request an Equitable Adjustment

Through various clauses, the government establishes its right to make changes in the contract statement of work or period of performance. In exchange for this right, the contractor receives compensating rights to equitable adjustments in contract price and/or schedule. The contractor exercises this right through the preparation and submission of a “request for equitable adjustment”

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