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“Public Construction Projects Suffer Fallout of COVID-19,” Construction Executive

With the pandemic impacting the construction industry, hundreds of millions of dollars of public construction revenues are at stake. Those impacted need to analyze their contractual rights and responsibilities immediately. Government construction projects forced or anticipated to shut down may result in the termination of a contract or contracts. Becker Shareholder Mark Stempler offers hard-hitting […]

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“The Novel Coronavirus’ Impact on Government Contractors,” Daily Business Review

Government contractors are a significant sector of the economy grappling with the devastating impact of COVID-19, the novel coronavirus. As state and local governments scale back a myriad of services, some by mandated government orders and others by the force of circumstances, contractors are and will continue to be significantly impacted. In the balance are […]

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Becker Insider | March 2020

The Becker Insider provides recent news and unique perspectives into the Florida policy issues that matter most to you. At Becker, we believe that our strengths truly lie in our differences. Our local, state, and federal lobbying teams have deep and longstanding relationships across the political spectrum, allowing us to better champion the interests of […]

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“Uber, Lyft No-Show Sparks House Panel Talk Of New Regs,” Law360

Uber and Lyft skipped out on a hearing this week before a House Transportation and Infrastructure Committee panel, which has resulted in heightened scrutiny over the ride-hailing industry’s regulatory oversight. Business Litigation Shareholder Mark Stempler, who previously represented a Broward taxicab company in a regulatory dispute with Uber, commented on the issue: “There’s no one […]

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Becker Represents Client in Landmark Win Against Ride-Sharing Giant Uber

In a landmark decision, the Florida Supreme Court denied Uber’s request for appeal in a dispute over rides at Ft. Lauderdale-Hollywood International Airport (FLL).   Becker represented the plaintiff, Yellow Cab of Broward County, in the case that pitted the traditional taxi service against ride-sharing giant, Uber, and Broward County. Broward County negotiates license agreements with […]

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Cabbies In Uphill Battle Against Regulators Over Uber Rules

Law360 (May 2, 2018, 9:11 PM EDT) — The Second Circuit’s finding that traditional taxicabs weren’t unconstitutionally harmed by New York City rules governing ride-hailing services like Uber and Lyft may derail similar challenges in other cities from taxicabs seeking more hard-line rules for their new rivals, attorneys say. In another setback for taxicabs claiming […]

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Becker Obtains Appellate Court Win Over Uber

Led by Business Litigation Group shareholders Mark Stempler, Daniel Wallach and Allen Levine, the firm scored a big win for its client, Yellow Cab Co., in a trade-secret ruling against ride-hailing giant Uber from the Florida Fourth District Court of Appeal (Rasier-DC, LLC v. B&L Service, Inc. and Broward County, Florida). The court ruled that Uber can’t keep secret money that […]

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Mark Stempler—”The Financial Review” Interview

On April 26, 2017, Becker & Poliakoff shareholder Mark Stempler appeared on Money Radio’s “The Financial Review” with host Sinclair Noe, and discussed President Trump’s recent Executive Order  “Buy American/Hire American.” The Act, which has been in place since 1933—though not always enforced, applies to services contracts, goods and supplies that the federal government acquires for public use, and states that the […]

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Keeping ‘Green’ Contracts Clear

The green building industry is arguably more popular than ever. The number of certified green buildings grows every day across all sectors of the building industry. Unfortunately, the contracts for sustainable projects are sometimes behind the times. Standard construction contracts are often not tailored to address the numerous issues and nuances that may come up […]

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Uber Wants Broward to Meet all its Demands

Uber’s announcement this week that it will suspend operations in Broward County is not surprising. Uber threatened to stop operating in the county several times, both before and after the county passed an amended ordinance governing Uber and other transportation network companies. Uber’s announcement is revealing because the regulations passed by Broward County are not […]

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Broward County Puts Law And Public Safety Ahead Of Uber’s Economic Interests

Last week, Broward County’s commissioners put the interests of the people they serve, the public, ahead of the economic interests of Uber, Lyft and similar transportation providers known as “transportation network companies,” or TNCs. Requirements like registration and licensing of drivers, improved county-­- monitored driver background checks and vehicle inspections, and insurance that complies with […]

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Others May Take Notice if Florida County Law Prompts Uber Exit

Uber is threatening to leave the Fort Lauderdale, Florida, market in light of a new county ordinance increasing requirements for ride-hailing services, a measure that an attorney representing traditional taxi services said could influence other local governments grappling with the issue. Broward County commissioners voted 9-0 Tuesday after a 4 1/2-hour public hearing on the […]

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Others May Take Notice If Fla. County Law Prompts Uber Exit

By Nathan Hale April 30, 2015 Uber is threatening to leave the Fort Lauderdale, Florida, market in light of a new county ordinance increasing requirements for ride-hailing services, a measure that an attorney representing traditional taxi services said could influence other local governments grappling with the issue. Broward County commissioners voted 9-0 Tuesday after a […]

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Becker & Poliakoff Promotes Four to Shareholder

FT. LAUDERDALE, FL, January 7, 2015 – The law firm of Becker & Poliakoff today announced that four of its top associates have been elected shareholders in the firm. Attorneys Michael Schwager (Miami) and Jamie Dokovna (West Palm Beach) focus on representing clients in a wide range of business matters as part of the firm’s Business Litigation Practice group. Ryan Carpenter (Ft. […]

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Concerns With Public Bidding For Green Buildings

Green building may be becoming the normal standard in new construction and renovations. There are tens of thousands of green certified and registered projects in the United States alone, and that number is growing quickly. See http://www.usgbc.org/articles/about-leed. State and local governments are helping fuel the movement by incorporating sustainability requirements into public construction projects. Many government […]

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Green Building and the Construction Lawyer: A Practical Guide to Transactional and Litigation Issues: Green Building 101

“Green building” is many things to many people. It can be described as a movement, encompassing a core set of environmentally conscious principles. It is the practice of transforming and innovating standard design and construction practices to reduce the negative impacts of built environments. It is an effort to improve sustainability and incorporate environmentally friendly […]

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Florida Bar Grants Board Certification to Becker & Poliakoff Attorneys

For Immediate Release Media Contact: Alan Penchansky The Pen Group Communications Tel: (305) 529-1944 email: alan@thepengroup.com FT. LAUDERDALE, FL, August 9, 2011 – Becker & Poliakoff today announced that attorneys Edward C. Lohrer, Mark J. Stempler, Scott Kiernan have earned board certification from the Florida Bar. Mr. Byrne, a member of the firm’s Business Litigation practice group, […]

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Becker & Poliakoff Attorney Mark Stempler Earns U.S. Green Building Council “LEED Green Associate” Credential

For Immediate Release Media Contact: Alan Penchansky The Pen Group Communications Tel: (305) 529-1944 email: alan@thepengroup.com FT. LAUDERDALE, FL, July 7, 2011 – Becker & Poliakoff, P.A. today announced that attorney Mark J. Stempler, who practices Construction and Commercial Litigation Law in the firm’s West Palm Beach office, has earned the “LEED Green Associate” credential from the U.S. […]

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New Law Impacts Bidders’ Access to Public Records and Evaluation Committee Meetings

On June 2, 2011, Governor Scott signed HB 7223 into law. This new legislation amends Florida’s Public Records and Sunshine Laws, by expanding “exemptions” applicable to bids, proposals and replies to sealed competitive solicitations, and closes evaluation meetings from the public in certain instances. First, Section 119.071, Florida Statutes was amended to provide that sealed bids, proposals, or replies […]

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Rejection of Bids / Proposals

Bids and proposals may be rejected on an individual or collective basis. The agency typically reserves the right to reject any and all bids as part of the advertisement. Alternatively, an individual bid may be rejected if it is found to be “non-responsive”. In determining whether a bid or proposal is non-responsive, the decision for […]

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Common Bidding Mistakes

Bidders must pay attention to the details, and dot the “i’s” and cross the “t’s”. The ITB, RFP or RFQ will likely have detailed requirements as to the form and content, and additional materials that bidders must supply to be found responsive. Failure to address the details of the submission may be the difference between […]

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Obtaining Public Records and Florida’s Sunshine Laws

A savvy bidder that is interested in following the outcome of an award will monitor the process using Florida’s Public Records and Sunshine Laws as important tools. In addition to having representatives attend meetings of the awarding authority’s boards or commissions and directly voicing opinions at those meetings, bidders can obtain valuable information, including a […]

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“Professional” Bidding – The Consultants’ Competitive Negotiation Act

Florida Statutes, Section 287.055 is known as the “Consultants’ Competitive Negotiation Act” or “CCNA”. The CCNA applies to the procurement of certain professional services, including architecture, engineering, landscape architecture, or registered surveying and mapping. The Act also provides requirements for design-build projects. Design-build is a construction project where the agency does not have final design […]

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Invitations for Bid – What They are and How They Work

An Invitation for Bid (“IFB”) or Invitation to Bid (“ITB”) is a way of soliciting bids for a public agency’s project. They generally include the pre-determined specifications or scope of work for a project, and require bidders to submit their best price to complete the project. Price is generally the most important factor for an […]

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Introduction To The Public Procurement Process

In these uncertain and difficult economic times, public works and contract services provide the private sector with a tremendous opportunity to compete for profitable work. Understanding the public procurement process is critical to keep you or your business in the game and eligible for the work. All levels of government, including Federal, state, and local […]

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