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Construction Project Contract Disputes Federal Contractors

Gordon Rees Scully Mansukhani

May 2025 Government Contracts Legal Update and Podcast

Gordon Rees Scully Mansukhani presents the latest insights from our Government Contracts group, offering a comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses...more

Offit Kurman

How should construction contracts approach potential tariffs?

Offit Kurman on

As an initial primer: tariffs typically work as a tax, charged on goods purchased and imported to the United States from a foreign country. The tariff is charged as a percentage on the price paid for the foreign good. Tariffs...more

Wiley Rein LLP

Five Lessons From Framaco Litigation: How Construction Contractors Can Best Position Themselves Before Filing Claims

Wiley Rein LLP on

A string of recent decisions issued by the Civilian Board of Contract Appeals (CBCA) provide helpful reminders for construction contractors that have encountered difficulties in performance and are seeking relief from the...more

Seyfarth Shaw LLP

Federal Circuit Nullifies Sum Certain Contract Disputes Act Jurisdictional Defense

Seyfarth Shaw LLP on

In ECC Int’l Constructors, LLC v. Sec’y of Army, No. 2021-2323, 2023 WL 5355302 (Fed. Cir. Aug. 22, 2023), the U.S. Court of Appeals for the Federal Circuit considered whether the Federal Acquisition Regulation (“FAR”)...more

Buchalter

Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs

Buchalter on

Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to...more

Bradley Arant Boult Cummings LLP

Government Held Accountable for Delays to Fast Track Design Process

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

Bradley Arant Boult Cummings LLP

Proceed at Your Own Risk: Government Entitled to Strict Compliance with Plans and Specifications

In Appeal of Watts Constructors, LLC, the Armed Services Board of Contract Appeals (the “Board”) held that a contractor was not excused from following contract plans and specifications despite the observation by government...more

Bricker Graydon LLP

[Webinar] Selecting Project Delivery Methods & Bidding Public Construction Contracts - Evaluating & Documenting the Bid Process,...

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Join us for the 12th annual “Selecting Project Delivery Methods & Bidding Public Construction Contracts.” This webinar series, specifically designed for Ohio public owners, covers the project delivery methods available for...more

Stinson - Government Contracting Matters

Government’s Apparent Acquiescence Doesn’t Overcome “Plain” Contract Language

Despite “troubling” government conduct, the Armed Services Board of Contract Appeals (ASBCA) recently denied an appeal arising out of electrical work performed on a $38 million construction project involving the ground-up...more

Woods Rogers

Construction Project Team Considerations Regarding COVID-19

Woods Rogers on

Construction project impacts from the COVID-19 pandemic are far-reaching and continuing to evolve. While every project must be considered individually, below are some issues for construction project team consideration....more

Buchalter

Email Sent After Final Payment Held Insufficient to Preserve Timeliness of Claim Against Government

Buchalter on

They say that hindsight is 20/20. Who is they, anyway? The old proverb means that it is easy to understand something after it has already happened. In the world of construction contracts, preservation of claims made in...more

Stinson - Government Contracting Matters

EAJA Provides Relief to Construction Contractor for Government’s Bad Actions

In Vet4U, LLC v. Department of Veterans Affairs, the Civilian Board of Contract Appeals awarded costs and attorney fees to the small business contractor that won its appeal pursuant to the Equal Access to Justice Act (EAJA),...more

Buchalter

Contracting Offficer’s Belief That Contractor Could Not Meet Schedule Requirements Insufficient to Support Default Termination

Buchalter on

There is objection evidence.  There is subjective evidence.  And sometimes, it is a combination of both  A case cannot go much worse when a court’s opinion starts with the following: “This case concerns a contract in which a...more

Troutman Pepper Locke

Court of Federal Claim Rejects Spearin Claim and Holds Contractor Responsible for Failure to Prevent Mold Growth

Troutman Pepper Locke on

James Talcott Construction, Inc. v. United States, No. 14-427 C, 2019 BL 72711, at *1 (Fed. Cl. Mar. 4, 2019) - In May of 2010, the United States, acting through the Department of Defense (the “Government”) awarded a...more

Troutman Pepper Locke

Protecting Contractors Subject to Chief Engineer Decision Clauses

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Most contractors have encountered a prime contract provision with a governmental agency or public authority owner where the contract states that all claims for extra costs, delay damages or the like must be presented to the...more

Gray Reed

A Myth About Delay – Revisited

Gray Reed on

Construction lawyers routinely deal with delay claims. I have presented or defended more of them than I can remember. That is why I was curious when, earlier this year, I received a series of email invitations to...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

Troutman Pepper Locke

Federal Court in Idaho Rules That a Government Contractor May Recover Consultant Fees, So Long as Those Fees Were Incurred in...

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The United States Department of Veterans Affairs (the “VA”) contracted with Sygnos, Inc. (“Sygnos”) for improvements to the electrical system at a VA hospital in Boise, Idaho. Sygnos subcontracted a portion of the work to...more

Troutman Pepper Locke

Texas Court of Appeals Holds That Owner’s Change to Contractor’s Means and Methods Resulted in a “Breach,” Instead of a “Change”...

Troutman Pepper Locke on

Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 2016 Tex. App. LEXIS 13306 (Tex. App. Houston 14th Dist. Dec. 15, 2016) - This contract dispute dates back to 2004, when the Port of Houston Authority...more

Troutman Pepper Locke

Supreme Court of Pennsylvania Holds That Under Prompt Payment Act, Imposition of Penalty and Attorneys’ Fees Is Discretionary, Not...

Troutman Pepper Locke on

Scott Enters., Inc. v. City of Allentown, 2016 Pa. LEXIS 1503 (Pa. July 19, 2016) - The Supreme Court of Pennsylvania reversed an order of the Commonwealth Court and held that the prompt payment provisions of the...more

Bradley Arant Boult Cummings LLP

Contractor Authority Over Means and Methods

A central principle of construction contracts is that, where a contractor (a) commits to construct in accordance with plans and specifications (b) provided by the owner (c) in exchange for payment of a firm, fixed price, the...more

Williams Mullen

When the Federal Govt acts badly, but not badly enough to show bad faith – what’s a contractor to do?

Williams Mullen on

In the prior issue of this newsletter, we included an article on the high standard of proof and the practical considerations for a federal government contractor claiming that the federal government acted in bad faith in its...more

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