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Aaron Silberman has been appointed, effective April 2008, to serve a two-year term as the chair of the Specialty Trade Contractors and Suppliers Division (Division 9) of the American Bar Association's largest group devoted to construction law issues, the ABA Forum on the Construction Industry.
In an important decision on "arranger" liability under CERCLA, Robert C. Goodman and Aaron Silberman convinced the U.S. District Court for the Eastern District of California to deny a chemical manufacturer's motion to dismiss dry cleaner owners' contribution claims against the manufacturer under CERCLA. 1/11/08 BNA Envt. Rptr.
In a test of the limits of the authority of the San Francisco Board of Supervisors under the City Charter, RJO attorneys Neil O'Donnell and Aaron Silberman convinced a Superior Court Judge that the Board improperly attempted to block award of a contract to firm client S&S Trucking. The contract for the hauling of bio-solids from the City's wastewater treatment plants had been put out for competitive bid for the first time. S&S was the low responsive bidder offering a price 26% lower than the existing contract. Nonetheless under pressure from the incumbent contractor and labor unions, and disregarding the recommendations of the City Purchaser and its own Budget Analyst, the Board disapproved the Public Utilities Commission's award of the contract to S&S. The effect was to require an extension of the sole source contract of the incumbent even though that firm had submitted a bid for the new contract which was both the most expensive and disqualified.
Judge Patrick Mahoney ruled that Board did not have the right to review the award of this contract. Recognizing the strict limits in the San Francisco Charter on the involvement of the Board in contract awards, the judge agreed that this contract did not come within the exception from those limits for contracts requiring expenditures of $10 million or more. Instead he found that the evidence established that the City's best estimate of the cost of the contract was $8.5 million and held that the belief of City officials that there was a possibility that the contract might cost more than $10 million was not enough to permit the Board to take action. Links to the opinion and to some of the news coverage of the case are provided below:
S&S Decision (PDF)
S.F. judge overturns supes' pact with sewage sludge firm - S.F. Chronicle, Thursday, Dec. 27, 2007
Sludge pact fight spotlights S.F.'s contracting practices - S.F. Chronicle, Thursday, Dec. 13, 2007
Suzanne M. Mellard has been appointed, effective September 2007, as Vice-Chair of the State Bar Committee on Professional Responsibility and Conduct (COPRAC), which is a standing committee of the State Bar Board of Governors. The Committee's primary charge is the development and issuance of advisory ethics opinions to assist attorneys in understanding their professional responsibilities under the California Rules of Professional Conduct.
The Chambers USA Guide for 2007 has once again recognized Rogers Joseph O'Donnell as one of the top government contracts firms in the United States, and Allan Joseph and Neil O'Donnell as leaders in the government contracts practice area. To review the Chambers USA rankings for Rogers Joseph O'Donnell and its attorneys and to read the Chambers USA editorial, visit the Chambers USA Website.
May 15, 2008 |
J. Robert Maxwell will present "Prop. 65 Issues for Construction Contractors" at the Associated General Contractors of California Spring Conference in Monterey, California. |
June 4 - 5, 2008 |
Neil H. O'Donnell and Aaron P. Silberman will present a comprehensive two-day course of terminations of federal government contracts for Federal Publications in Washington, D.C. Mr. O'Donnell will present on terminations for default on June 4, and Mr. Silberman will present on terminations for convenience on June 5. |
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