The Fleecing of the American Subcontractor

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978-1-4349-9227-7
The Fleecing of the American Subcontractor

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The Fleecing of the American Subcontractor
by Maurice F. Ellison, Jr., LLC

Now in his fiftieth year of analyzing contracts and the resulting claims and disputes, the author is uniquely qualified to discuss problems that may be incurred in entering construction contracts with deviant relief clauses.

His initial encounter with government contracts was as a Lieutenant in the USAF during the years 1957-60 at an air base in Sioux City, Iowa. Acting under the guidance of the Contracting Officer and the Commander, he shuttled land acquisition papers to and from Washington, D.C., prior to the construction of Capehart Housing. In the ensuing construction, several situations led to claims of changed conditions (now DSC), which had to be tried before the Armed Services Board of Contract Appeals.

In 1971 and 1972, he was an associate with a major DC Law Firm, where he prepared major claims and tried cases arising out of construction contracts in Boston and Juneau. For the next fifteen years, he was an advisor to the Maryland Department of Transportation and other state agencies during the construction of major facilities such as the Parallel Bay Bridge, the Key Bridge, the renovation of BWI Airport, and the initial sections of the Baltimore Metro. During this time, when Maryland waived sovereign immunity in contracts, he instigated the basic mandatory relief clauses for construction contracts based on federal clauses. This initial study led to the passage of the Maryland Procurement Code of Title 21, which included the foundation and initial organization of The Maryland State Board of Contract Appeals.

Finally, for the past three years of retirement, he has run an independent consulting business, giving opinions on the terms and conditions of pending contracts, preparing construction claims and lien procedures for a nationally known bonding company and major construction companies.

(2009, paperback, 142 pages)