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Contractors working with the federal government understand that contract modifications are a fact of life. Projects rarely unfold exactly as planned – and changes to the scope of work, performance deadlines, and pricing...more
On May 22, 2025, the Supreme Court published its opinion in Kousisis v. United States, No. 23-909, 605 U.S. __ (2025), holding that one who induces a victim to enter into a transaction under materially false pretenses may be...more
On February 1, 2025, President Trump issued Executive Order No. 14193, titled “Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border” (Tariff EO). The EO announced tariffs that would impact a wide...more
Join Cohen Seglias Government Contracting attorneys Michael Payne, Casey McKinnon and Steve Tobin for an in-depth discussion on how to protect your rights on dredging projects with the U.S. Army Corps of Engineers (USACE)....more
On December 30, 2024, the Government Accountability Office (GAO) dismissed a protest by Orion Government Services, Inc. (Orion) after determining that Orion lacked standing to protest because one of its proposed key personnel...more
On January 21, 2025, the Court of Federal Claims issued an order that, in effect, invalidates President Joe Biden’s February 4, 2022 Executive Order (14063) and 48 C.F.R. Subpart 22.5, Use of Project Labor Agreements for...more
In this episode of Wiley's Government Contracts podcast, Cara Sizemore breaks down recurring issues in construction contracting, such as delays, change requests, and conflicting specifications, through the lens of recent...more
When hackers gain access to a subcontractor’s information systems and divert the prime contractor’s payment to themselves instead of to the subcontractor, does the prime contractor still have to pay the subcontractor?...more
Many construction contracts contain some version of a “differing site conditions” clause. AIA’s A201 general conditions, as well as in the EJCDC equivalent, contains a changed site condition clause. It also appears in most...more
An article on NEC's practice note explaining how the NEC4 Engineering and Construction Contract can be adapted for use as an engineering procurement and construction (EPC) contract. NEC has recently published a practice...more
In 2023, the Private Contractor and Subcontractor Prompt Payment Act of 20131 (the Act) was amended to include additional protections for subcontractors on private projects by limiting a contractor’s setoff rights related to...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
The Virginia legislature recently took a broad step toward limiting the use of certain common clauses in construction subcontracts. This new legislation, effective January 1, 2023, amends the state's Prompt Payment Act...more
With the Hong Kong Development Bureau’s (DevB) contractual security of payment regime coming into effect from 31 December 2021 (the SOP regime), we now examine some important challenges which facing the Hong Kong construction...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
As all construction contractors know, the American Institute of Architects (AIA) provides a series of nearly 200 industry standard consensus forms that define the relationships and terms involved in design and construction...more
Before the advent of COVID-19, nobody paid much attention to force majeure clauses in construction contracts. These clauses were often boilerplate provisions, tucked away in the general conditions part of the contract...more
As most government contractors are aware, progress payments are a form of contract financing in which the Government pays the contractor based on cost throughout performance of the contract, up to a cap dictated by the terms...more
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
As novel coronavirus has spread from China to Europe, the United States and around the globe, it has begun to have a debilitating impact on world markets, manufacturing, distribution, supply chains, and the workforce in...more
In Hejran Hejrat Co. LTD, v. United States Army Corps of Engineers, No. 2018-2206, 2019 WL 3210172 (Fed. Cir. July 17, 2019), the United States Court of Appeals for the Federal Circuit reversed an Armed Services Board of...more
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
Two recent decisions – one from the U.S. Civilian Board of Contract Appeals and the other from the U.S. Court of Federal Claims – provide opposing holdings on whether the government can raise a “Severin doctrine” defense to...more
Firm fixed-price contracts seem like a simple concept in practice — agreements that do not allow for the modification of the contract price after award without an express agreement between the parties. Originally published...more
Many construction contracts contain some version of a “differing site conditions” clause. It is found in the current version of AIA’s A201 general conditions, as well as in the EJCDC equivalent. It also appears in most...more