News & Analysis as of

Construction Industry Court of Federal Claims

Davis Wright Tremaine LLP

Navigating the Complexities of Recovering Attorneys' Fees in Government Contract Disputes

A recent Court of Federal Claims decision highlights the difficulties of recovering legal fees in government contracts disputes with the federal government that involve subcontractor claims. On March 11, 2025, in The CENTECH...more

Bradley Arant Boult Cummings LLP

Biden’s Executive Order on Project Labor Agreements Violates CICA

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

Cozen O'Connor

U.S. Court of Federal Claims Finds Project Labor Agreements Violate the Competition in Contracts Act

Cozen O'Connor on

On January 21, 2025, Judge Ryan T. Holte of the U.S. Court of Federal Claims issued a decision finding now former-President Biden’s February 4, 2022, Executive Order 14063 (EO) and the resulting Federal Acquisition...more

Davis Wright Tremaine LLP

No Double-Dipping Allowed: A Takeaway from the CBCA's Decision in BES Design/Build, LLC

A decision by the U.S. Civilian Board of Contract Appeals (the "Board" or "CBCA") in BES Design/Build, LLC v. General Services Administration, CBCA 7587 (April 6, 2023), further defines what it means to submit a "timely"...more

Fox Rothschild LLP

Material Escalation: A Difficult Road to Recover Costs

Fox Rothschild LLP on

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

Kilpatrick

One year later: Hurricane Harvey in the Courts

Kilpatrick on

In the year since Hurricane Harvey, the Texas and Federal court systems have been flooded, saturated, engulfed (pick the Harvey related adjective of your choosing) with filings related to the damages caused by the rain-heavy...more

Cohen Seglias Pallas Greenhall & Furman PC

Difficulty in Obtaining the Approval of an Individual Surety

In a recent decision issued by the United States Court of Federal Claims, Anthem Builders, Inc. v. United States, April 6, 2015, WL 1546437, the Court considered a protest involving the proposed use of an individual surety...more

Baker Donelson

Todd Construction v. United States: Navigating Performance Evaluation Claims in the Court of Federal Claims

Baker Donelson on

A default termination can be a nightmare for a contractor that bids on federal projects, but a negative performance evaluation can prove just as troublesome for a contractor that finishes the job. The Federal Acquisition...more

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