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Contract Disputes Construction Contracts Federal Acquisition Regulations (FAR)

PilieroMazza PLLC

Can Contractors Recover Damages for Arbitrary CPAR Ratings? The ASBCA Weighs In

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Every seasoned government contractor knows the weight a negative Contractor Performance Assessment Report (CPAR) can carry. A blemish in the CPAR System (CPARS) can mean the difference between winning a new contract or losing...more

PilieroMazza PLLC

How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 2

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This week, we take a closer look at how a government contractor ends up before a Board of Contract Appeals (BCA). CDA appeals don’t appear out of thin air—it can take months, if not years, for a dispute to morph into an...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Jurisdiction, Price Range, Late-Is-Late

This month’s bid protest spotlight features a trifecta of decisions from the U.S. Court of Federal Claims. In MVL USA Inc. v. United States, a consolidated bid protest involving seven protesters, the Court rejected...more

Fox Rothschild LLP

CDA Claim Management Primer: Suspension of Work (FAR 52.242-14)

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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

Bradley Arant Boult Cummings LLP

Bidders Beware! Design-Builders Are at Risk Not Only for Defective Design Documents, But Possibly for Defective Bidding Documents,...

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

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

Bass, Berry & Sims PLC

Bid Protest Minute: Insufficient Funds are Grounds to Cancel

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On April 29, the Government Accountability Office (GAO) denied Davenergy-VCI JV, LLC’s protest of a solicitation’s cancellation, holding that the lack of available funding is sufficient grounds to cancel. In denying the...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

PilieroMazza PLLC

Top 10 Killer Construction Contract Clauses, Part 1: No Damages for Delay

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Those familiar with the construction industry know that construction projects are seldom, if ever, completed within the time originally anticipated at the project’s outset. Fortunately, prime contractors and lower-tier...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

Cozen O'Connor

ABSCA: $1.1 Million Reduction Appropriate For Unapproved Foreign-Flag Vessel Use

Cozen O'Connor on

On February 26, 2025, the Armed Services Board of Contract Appeals issued a decision allowing the government to reduce a contract by $1.1M due to a contractor’s failure to comply with the mandate to use United States-flag...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

Husch Blackwell LLP

The Difference Between Differing Site Conditions And Superior Knowledge

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The decision of the Court of Federal Claims in Marine Industrial Construction LLC v. United States, 158 Fed. Cl. 158 (2022), includes detailed analysis of several legal issues familiar to contractors facing challenging...more

Fox Rothschild LLP

Effective Contract Management Primer: FAR Remedy Granting Clauses, Certified Claims, and Disputes

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Submitting a certified claim to a government agency or appealing a contracting officer’s final decision (COFD) can be a risky business decision for federal contractors. On one hand, there is the risk of straining the...more

Buchalter

When Is A 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

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

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

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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

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