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Federal Acquisition Regulations (FAR) Construction Contracts

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

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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

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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

Genova Burns LLC

Federal Contractors Get Relief from PLA and DEI Requirements

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This past week, employers received two reprieves from mandatory conditions before winning federal contracts. On January 21, 2025, Federal Claims Court Judge Ryan T. Holte ruled that President Biden’s 2022 Executive Order that...more

Cohen Seglias Pallas Greenhall & Furman PC

Court Rules that PLAs Violate the Competition in Contracting Act

Project Labor Agreements (PLAs) have been controversial in the construction industry. On January 21, 2025, the United States Court of Federal Claims issued a ruling in MVL USA, Inc. et al. v. The United States that found that...more

Offit Kurman

How should construction contracts approach potential tariffs?

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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

[Podcast] Federal Construction Contracts: Lessons from the Framaco Case

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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

Jackson Lewis P.C.

FAR Rule Implements EO-Mandated Use of Project Labor Agreements on Large Federal Construction Projects

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The Federal Acquisition Regulatory Council (FAR Council) has issued a final rule establishing a project labor agreement (PLA) requirement for contracts that meet the definition of federal “large-scale construction projects”...more

Schwabe, Williamson & Wyatt PC

Comparing Senate and House NDAA 2024

On July 27, 2023, the United States Senate passed its version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2024 (S.2226), setting the stage for negotiation with the House of Representatives over the...more

Seyfarth Shaw LLP

“Made in America Week” Highlights Requirements, Opportunities for Contractors and Suppliers

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On July 21, 2023, President Biden designated July 23-29, 2023, as “Made in America Week.” This proclamation builds on the Biden Administration’s efforts to bolster domestic manufacturing through evolving policies attached to...more

Bradley Arant Boult Cummings LLP

Don’t Overlook Your Subcontracts on Federal Projects

The Armed Services Board of Contract Appeals’ (“ASBCA or “Board”) decision in Fluor Intercontinental, Inc., serves as an important reminder to prime contractors to be cognizant of the clauses they include in subcontracts for...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – May 2023

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SBA’s New Lending Rules Improve Small Business Growth Opportunities - On April 12, 2023, the U.S. Small Business Administration (SBA) published two new rules: (1) Small Business Lending Company (SBLC) Moratorium Rescission...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

Schwabe, Williamson & Wyatt PC

New Regulation Proposal Would Require Project Labor Agreements for Federal Construction ‎Projects

On Thursday, August 19, 2022, as mandated by Executive Order 14063, issued by President Biden February 4, the Federal Acquisition Regulatory Council proposed a rule to amend the Federal Acquisition Regulations (FARs) to...more

Cohen Seglias Pallas Greenhall & Furman PC

Recovering Field Overhead Expenses

In a recent Armed Services Board of Contract Appeals (ASBCA) decision, Pave-Tech, Inc., the ASBCA found that the decisions a construction contractor makes, even from the very beginning of a project, have consequences. In...more

Fox Rothschild LLP

Material Escalation: A Difficult Road to Recover Costs

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The annual inflation rate in the United States rose 7% in 2021, its highest rate since 1982. The construction industry has not been immune from this general trend, with steel prices rising 200% and lumber prices soaring as...more

McCarter & English Blog: Government Contracts...

PLAy Ball! Executive Order Directs Project Labor Agreements for Construction Projects Over $35 Million

With Spring Training just a few weeks away it looks like the Biden Administration is stepping up to the plate to ensure the plans in its $1 trillion Infrastructure Investment and Jobs Act can avoid strikes. On February 4,...more

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