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Construction Contracts Federal Acquisition Regulations (FAR) Construction Industry

Schwabe, Williamson & Wyatt PC

Federal Acquisition Regulations Revised for R&D and Construction

The Federal Acquisition Regulatory (FAR) Council is undertaking a systematic approach to revising the Federal Acquisition Regulations (FARs). On July 24, 2025, revisions to FAR Part 35, Research and Development Contracting...more

Pillsbury - Bid Protest Debrief

No Funding, No Award: GAO Upholds Corps’ Late-Stage Solicitation Cancellation

In Davenergy-VCI JV, LLC, B-423332, April 29, 2025​, Davenergy-VCI protested the cancellation by the Army Corps of Engineers (Corps) of a solicitation for architectural engineering construction management services for medical...more

J.S. Held

Strategies to Minimize Impacts of Tariffs on Your Construction Projects

J.S. Held on

This paper is the third installment in a series examining the multifaceted impacts of tariff and trade policies. By delving into the nuances of these policies, we aim to provide valuable insights and perspectives that will...more

Genova Burns LLC

Federal Contractors Get Relief from PLA and DEI Requirements

Genova Burns LLC on

This past week, employers received two reprieves from mandatory conditions before winning federal contracts. On January 21, 2025, Federal Claims Court Judge Ryan T. Holte ruled that President Biden’s 2022 Executive Order that...more

Cohen Seglias Pallas Greenhall & Furman PC

Court Rules that PLAs Violate the Competition in Contracting Act

Project Labor Agreements (PLAs) have been controversial in the construction industry. On January 21, 2025, the United States Court of Federal Claims issued a ruling in MVL USA, Inc. et al. v. The United States that found that...more

Wiley Rein LLP

[Podcast] Federal Construction Contracts: Lessons from the Framaco Case

Wiley Rein LLP on

In this episode of Wiley's Government Contracts podcast, Cara Sizemore breaks down recurring issues in construction contracting, such as delays, change requests, and conflicting specifications, through the lens of recent...more

Seyfarth Shaw LLP

“Made in America Week” Highlights Requirements, Opportunities for Contractors and Suppliers

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On July 21, 2023, President Biden designated July 23-29, 2023, as “Made in America Week.” This proclamation builds on the Biden Administration’s efforts to bolster domestic manufacturing through evolving policies attached to...more

Bradley Arant Boult Cummings LLP

Don’t Overlook Your Subcontracts on Federal Projects

The Armed Services Board of Contract Appeals’ (“ASBCA or “Board”) decision in Fluor Intercontinental, Inc., serves as an important reminder to prime contractors to be cognizant of the clauses they include in subcontracts for...more

Fox Rothschild LLP

Material Escalation: A Difficult Road to Recover Costs

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The annual inflation rate in the United States rose 7% in 2021, its highest rate since 1982. The construction industry has not been immune from this general trend, with steel prices rising 200% and lumber prices soaring as...more

Bradley Arant Boult Cummings LLP

Board Rules Contractor Entitled to Additional Costs After Government Unreasonably Refuses to Accept Equivalent Substitute

In Appeal of Carothers Constr., Inc., the Armed Services Board of Contract Appeals (the “Board”) rejected the Government’s reliance on strict compliance with the material specifications for a 2 1/2″ thick roof deck product...more

Woods Rogers

GAO Rejects Contractor's Use of AIA Bid Bond for Federal Project

Woods Rogers on

As all construction contractors know, the American Institute of Architects (AIA) provides a series of nearly 200 industry standard consensus forms that define the relationships and terms involved in design and construction...more

Fox Rothschild LLP

Force Majeure In Construction’s New World Of COVID-19

Fox Rothschild LLP on

The government and market response to the COVID-19 pandemic is presenting novel and difficult legal issues and challenges across all industries. In construction in particular, with projects of all types and sizes at risk,...more

Dorsey & Whitney LLP

What Construction Contractors and Owners Should Do, Today, to Prepare for the Possible Effects of Novel Coronavirus on their...

Dorsey & Whitney LLP on

As novel coronavirus has spread from China to Europe, the United States and around the globe, it has begun to have a debilitating impact on world markets, manufacturing, distribution, supply chains, and the workforce in...more

Bradley Arant Boult Cummings LLP

Termination for Default – the Government's Burden - Construction and Procurement Law News, Q3 2019

In Alutiiq Manufacturing Contractors, LLC v. United States, the U.S. Court of Federal Claims ruled that the Government had improperly terminated a construction contract for default and ordered that the default termination be...more

Cohen Seglias Pallas Greenhall & Furman PC

No Bonding Requirements? Think Again, Instructs the Federal Circuit

For federal construction contractors, payment and performance bond obligations in construction contracts with the federal government that exceed $150,000 should, typically, come as no surprise. However, what requirements...more

Bass, Berry & Sims PLC

The Christian Doctrine Strikes Again … To Require Performance and Payment Bonds in all Construction Contracts

Bass, Berry & Sims PLC on

On November 5, 2018, the Federal Circuit held in a precedential decision that bonding requirements in FAR 52.228-15, “Performance and Payment Bonds—Construction,” were read into all construction contracts by operation of law...more

Saul Ewing LLP

The Miller Act Applies Even if Contract Does Not Contain a Bonding Requirement

Saul Ewing LLP on

United States Court of Appeals for the Federal Circuit recently held, in K-Con, Inc. v. Secretary of Army, that the bonding requirements under the Miller Act apply to federal government construction contracts, even when the...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Government Agency Coordination Office PTAC: Federal Construction Contracts – Common Issues and Critical Claim Strategies...

On January 24, we are hosting a webinar on common issues and critical claim strategies in federal construction contracts with the California University of Pennsylvania Government Agency Coordination Office - Procurement...more

Troutman Pepper Locke

Fixed-Price Contracts Are Simple - Or Are They?

Troutman Pepper Locke on

Firm fixed-price contracts seem like a simple concept in practice — agreements that do not allow for the modification of the contract price after award without an express agreement between the parties. Originally published...more

Seyfarth Shaw LLP

Practical Tips for Owners and Contractors Impacted By Hurricanes Harvey and Irma

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Anyone watching what has happened in Houston, and what is predicted to happen in Florida, immediately thinks about the safety and well-being of those affected by Hurricanes Harvey and Irma. Once the rain stops, the water...more

Gray Reed

When is an Unforeseen Condition a “Differing Site Condition”?

Gray Reed on

Many construction contracts contain some version of a “differing site conditions” clause. It is found in the current version of AIA’s A201 general conditions, as well as in the EJCDC equivalent. It also appears in most...more

Bradley Arant Boult Cummings LLP

Pay Attention to Your Surroundings: Contractor Denied Recovery for Differing Site Conditions Where Condition was Well-Known in the...

The Civilian Board of Contract Appeals (“Board”), the court with jurisdiction over the General Services Administration and other non-defense executive agencies, denied a contractor’s claim for increased labor and equipment...more

Buchalter

When Is the Contractor’s Termination for Default Proper? When It Does Bad Things

Buchalter on

Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of...more

Snell & Wilmer

Under Construction - September 2016

Snell & Wilmer on

Letter from the Editor - Welcome to the Fall 2016 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to successfully finish out the remainder of the year. Most...more

Troutman Pepper Locke

Federal Claims Court Holds that Government’s Actual Knowledge of Contractor’s Delay and Acceleration Excuses Technical...

Troutman Pepper Locke on

Nova Group/Tutor-Saliba v. United States, 125 Fed. Cl. 469 (Fed. Cl. Mar 16, 2016) - The United States Naval Facilities Engineering Command (the “Navy”) contracted with the joint venture of Nova Group and Tutor-Saliva...more

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