January, 2014 | Construction Law Authority

FTC’s Green Guides Help Guide Owners, Contractors and Design Professionals

January 28, 2014

This post originally appeared in "The Green Building Law Blog" Being green is not always straightforward. There are many products on the market, related and non-related to building, that make claims about their environmental benefits and impacts. There are many service providers that make similar claims. But not all products and services live up to their billing. Companies marketing themselves or their products as environmentally friendly will have to better qualify those statements, in light of Federal Trade Commission's Green Guides. The Green Guides have been around since 1992. The latest version was updated in 2012. They "outline general principles that apply to all environmental marketing claims and provide guidance regarding many specific environmental benefit claims." The purpose is to cut down on deceptive practices regarding green marketing. The Green Guides are not law and are not independently enforceable. But, the FTC can take action if someone or some entity makes an environmental...

Florida Public Bidders Must Understand the “Cone of Silence”

January 15, 2014

William J. Cea

Procurement, Public Construction

In Florida, public agencies typically have restrictions on bidder communications with public officials and employees. For example, an agency may have a prohibition on communicating with anyone other than a designated representative during the competitive solicitation process. These restrictions are often referred to as a “Cone of Silence”. Violations of the Cone of Silence can result in disqualification of the bidder. The purpose of a Cone of Silence is to prevent bidders or their representatives from lobbying decision makers while designated staff are afforded the opportunity to evaluate the bids or proposals in accordance with the terms of the solicitation. The restriction on communications may, for example, terminate when the agency’s board or commission meets to make a final decision. At that time the bidder may be able to address the board or commission directly before it makes a final award decision. While the restriction is in place, however, bidders must...