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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
What does DMSMS mean? DMSMS stands for Diminishing Manufacturing Sources and Material Shortages. It is the loss or impending loss of manufacturers or suppliers of items, raw materials, or software. In other words, DMSMS...more
As many contractors know, whenever doing federal projects there might be a nagging feeling in the back of your mind. What exactly does my contract say? What type of plan do I need to address environmental concerns? You...more
In the wake of the tragic Francis Scott Key Bridge collapse, businesses that rely on the Port of Baltimore (“Port”) are grappling with impacts to their contracts and supply chains. The Port suspended waterway traffic until...more
The Armed Services Board of Contract Appeals (“ASBCA”) recently denied a contractor’s claim for additional compensation as the contractor failed to establish its work was constructively suspended or that its contract was...more
On May 25, 2022, the Department of Defense (DOD) issued Guidance on Inflation and Economic Price Adjustment (Guidance Memorandum). It was long overdue. Inflation is steadily rising and, as a result, contractors with...more
In a decision issued on November 17, JKB Solutions v. United States, the Federal Circuit held that the commercial item termination for convenience provision at FAR 52.212-4(l) incorporated by reference into a contract for...more
While Congress reached a last-minute deal for a continuing resolution on September 30, averting a government funding lapse, commonly known as a “shutdown,” it now appears that Congress may not reach another such deal by...more
Recently, in Cross v. L-M Asphalt Partners, Ltd., the Kentucky Court of Appeals upheld a contractor’s immunity from suit for negligence, where the contractor complied with the contract and construction specifications provided...more