SUSPENSION, DEBARMENT AND DISQUALIFICATION OF HIGHWAY CONSTRUCTION CONTRACTORS

This paper examines federal and selected state cases concerning government actions and proceedings relating to suspensions, debarments, or disqualifications of contractors and subcontractors as well as federal and state laws, rules and regulations concerning such actions and proceedings in order to draw together the controlling legal principles on such matters; including the requirements of due process, authority to cause suspensions, debarments or disqualifications, length and effect of such actions, and Administrative Procedure Act requirements relating to such authority. Some states have failed in their attempts to be more aggressive toward contractors engaging in misconduct. A clear understanding of why there was failure in those states will assist others in their dealing with contractor misconduct situations. Discussion of what are the distinguishing features of "protecting a government interest" versus "penal or punitive action" may assist officials who deal with suspension, debarment, or disqualification actions or proceedings.

• Availability:
  • Find a library where document is available. Order URL: http://www.trb.org/Main/Public/Blurbs/154608.aspx
• Supplemental Notes:
  • Page range: 1124-N1 through 1124-N53.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Harp, D W
• Publication Date: 1991-11

Language

• English

Media Info

• Pagination: 53 p.
• Serial:
  • Selected Studies in Highway Law
  • Volume: 3
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Contractors; Federal government; Highway law; Laws; Legal action; Legal documents; Prosecution; Road construction; State government; Subcontractors
• Old TRIS Terms: Contractor misconduct; Statute cases
• Subject Areas: Construction; Highways; Law; Security and Emergencies; I50: Construction and Supervision of Construction;

Filing Info

• Accession Number: 00621554
• Record Type: Publication
• Report/Paper Numbers: Addendum 5
• Files: TRIS, TRB
• Created Date: Aug 26 1998 12:00AM