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Construction Delays in the Time of Coronavirus: A Legal Perspective
Federal construction contracts often involve unforeseen delays. The key question is who is responsible for the resulting costs. A new decision from the ASBCA provides a blueprint for how contractors can maximize recovery...more
Historically, the Boards of Contract Appeals and Courts have reviewed design-builders’ reliance on government-provided conceptual drawings or bridging documents in support of constructive change claims under a reasonableness...more
Karthik Consulting, LLC v. United States, Case No. 23-944, a recent Court of Federal Claims case, identifies an essential nuance in determining the eligibility of contractors who have graduated from the Small Business...more
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
In the words of Judge Milan D. Smith, Jr. of the Ninth Circuit, “[w]e have become an arbitration nation.” Nonetheless, arbitration is a creature of contract, and there are limits to what an arbitrator may do. In Aspic...more