In a recent decision, the Court of Federal Claims (COFC) ruled on bid protests filed by 12 construction companies challenging the implementation of a February 4, 2022, Executive Order 14063 that mandated the use of project...more
1/30/2025
/ Arbitrary and Capricious ,
Bid Protests ,
Biden Administration ,
CICA ,
Competition ,
Construction Industry ,
Court of Federal Claims ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Project Labor Agreements ,
Regulatory Requirements
A recent decision from the U. S. District Court for the Middle District of Florida, is a MUST READ for any lawyer or construction executive involved with joint ventures (“JV’s”). This decision provides a rare, detailed look...more
In May of this year, the Supreme Court of Wyoming held that a subsidiary of Sinclair Oil could invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The court rejected the...more
The Armed Services Board of Contract Appeals (the “Board”) recently held the government liable for design delays where the government prematurely required details in design submissions and failed to provide comments on design...more
The coronavirus disease (COVID-19) continues to dominate global headlines and markets. In the U.S., COVID-19 has prompted two governors to declare states of emergency; tragically claimed the lives of multiple U.S. residents;...more
3/4/2020
/ AIA Construction Forms ,
Business Disruption ,
Centers for Disease Control and Prevention (CDC) ,
Commercial Insurance Policies ,
Construction Industry ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Force Majeure Clause ,
General Contractors ,
Infectious Diseases ,
Risk Management ,
Risk Mitigation ,
Standard Form Contracts ,
Workplace Safety
A New York trial court recently upheld the enforceability of a no-damages-for-delay clause in a contract between a general contractor and its subcontractor. In Hailey Insulation Corp., v. WDF, Inc., the subcontractor...more
In Prestress Services Industries of TN, LLC v. W.G. Yates & Sons Construction Co., 280 F.Supp.3d 908 (N.D. Miss. 2017), the United States District Court for the Northern District of Mississippi faced a “rather interesting...more
6/7/2018
/ Construction Industry ,
Construction Project ,
Design Defects ,
Economic Damages ,
Economic Loss Doctrine ,
Engineering ,
Goods or Services ,
Motion for Summary Judgment ,
Negligence ,
Professional Liability ,
Public Policy ,
Service Contracts
Federal acquisition officials recently finalized an interim rule intended to remove contractors with federal tax liabilities and felony convictions from the federal contracting arena. The interim rule, which took effect...more
10/7/2016
/ C-Corporation ,
Construction Industry ,
Disclosure Requirements ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Felonies ,
Interim Rule ,
Joint Venture ,
Limited Liability Company (LLC) ,
Partnerships ,
Professional Corporation ,
Reporting Requirements ,
S-Corporation ,
Tax Liability