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Weekly Update for Government Contractors and Commercial Businesses – June 2025 #4

Can Contractors Recover Damages for Arbitrary CPAR Ratings? The ASBCA Weighs In - Every seasoned government contractor knows the weight a negative Contractor Performance Assessment Report (CPAR) can carry. A blemish in the...more

Top 10 Killer Construction Contract Clauses, Part 2: Pay-If-Paid and Pay-When-Paid

In the world of construction, it is essential for both prime contractors and lower-tier subcontractors to carefully manage financial risk when negotiating subcontract agreements. While a party’s ability to distinguish and...more

Top 10 Killer Construction Contract Clauses, Part 1: No Damages for Delay

Those familiar with the construction industry know that construction projects are seldom, if ever, completed within the time originally anticipated at the project’s outset. Fortunately, prime contractors and lower-tier...more

Subcontract Flow-Down Provisions: Constructive Acceleration and Delays on Federal Projects

A contractor’s claims against the government for constructive acceleration and delays are governed, in part, by the applicable clauses of the Federal Acquisition Regulations (FAR) incorporated into its contract with the...more

5 Tips to Protect Construction Contracts During An Economic Downturn

For two consecutive quarters, the U.S. economy experienced an economic decline—typical indicators of an impending recession. Despite what the numbers may indicate, it is still unclear what direction the U.S. economy may...more

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