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Federal Contractors Construction Contracts Appeals

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

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

Maximizing Recovery on Construction Claims: Don’t Forget Bond Claims, Which Could Exceed the Underlying Claim!

As construction claim lawyers, we are always on the lookout for insurance policies or “bonds” that might satisfy our client’s claim. On federal projects, this includes performance and payment bonds known as Miller Act bonds....more

Bradley Arant Boult Cummings LLP

New Jersey Appellate Court Rejects Bid Protest: Archeologist Not Required to Be Registered under Public Works Contractor...

We recently blogged about New Jersey’s bid protest requirements for procurements solicited under the New Jersey Division of Purchase and Property (DPP) here. As we noted, public procurements by local governmental authorities...more

Bradley Arant Boult Cummings LLP

Bid Protests in Massachusetts

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see our posts on “Bid Protests in Georgia,” “Bid Protests in the District of Columbia,” “Bid Protests in New York,” “Bid...more

Bradley Arant Boult Cummings LLP

The Good, the Bad, and the Board Minutes: Mississippi Court Says Public Bodies Must Fully Explain Why Lowest and Best Bidder Is a...

Contractors know when they bid a public job that it’s the lowest and best bidder that will ultimately come out on top. Contractors and public bodies also know that when a public body rejects the lowest bid, it needs to...more

Bradley Arant Boult Cummings LLP

Hell or High Water: Why Contractors Must Understand Contractual Risks

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

Cohen Seglias Pallas Greenhall & Furman PC

[Ongoing Program] Part Three: Common Mistakes During the REA, Claim, and Appeal Process - October 6th, 12:00 pm - 1:00 pm ET

Avoiding Common Mistakes in Federal Construction Contracting: A Three-Part Webinar Series - Contracting with the federal government on construction projects is full of traps for the unsuspecting, and the potential rewards...more

Cohen Seglias Pallas Greenhall & Furman PC

[Ongoing Program] Part Two: Common Mistakes During Project Performance - September 13th, 12:00 pm - 1:00 pm ET

Avoiding Common Mistakes in Federal Construction Contracting: A Three-Part Webinar Series - Contracting with the federal government on construction projects is full of traps for the unsuspecting, and the potential rewards...more

Cohen Seglias Pallas Greenhall & Furman PC

[Ongoing Program] Part One: Common Mistakes During the Bid and Proposal Preparation - August 18th, 12:00 pm - 1:00 pm ET

Avoiding Common Mistakes in Federal Construction Contracting: A Three-Part Webinar Series - Contracting with the federal government on construction projects is full of traps for the unsuspecting, and the potential rewards...more

Bradley Arant Boult Cummings LLP

Contract Language Matters, Even to Uncle Sam - Construction and Procurement Law News, Q1 2021

No one can escape the basic rules of contracting, even the federal government. If the contract is clear and unambiguous, then the four corners of the agreement set the rules for the project and the parties – and there’s not...more

Bradley Arant Boult Cummings LLP

Enhanced Debriefing End Date Still Unresolved: DOJ Seeks to Overturn “NIKA Technologies”

A few months ago, we wrote about how the U.S. Court of Federal Claims (COFC) had defined when the protest clock starts running for a stay of contract performance pending a bid protest if the Department of  Defense’s (DOD)...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

Buchalter

Contractor Learns You Need an Expert to Join “Battle of the Experts”

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It kind of goes without saying, but you should probably bring your expert to a dispute if there is going to be a battle of the experts. One contractor recently learned this lesson to the tune of $65,000....more

Carlton Fields

Ninth Circuit Affirms Order Vacating Arbitration Award, Faults Arbitrator’s Disregard of Contract’s Plain Language

Carlton Fields on

The Ninth Circuit recently affirmed a district court order vacating an arbitration award arising from the termination of subcontracts for the construction of army buildings and facilities in Afghanistan. ...more

Troutman Pepper Locke

Federal Circuit, Citing The Christian Doctrine, Holds That Performance And Payment Bonds Are Required For All Construction...

Troutman Pepper Locke on

K-Con, Inc. v. Sec’y of the Army, 2018 U.S. App. LEXIS 31196 (Fed. Cir., November 5, 2018) - In September 2013 K-Con, Inc. (“K-Con”) entered into two contracts with the government to supply and construct pre-engineered...more

Bass, Berry & Sims PLC

The Christian Doctrine Strikes Again … To Require Performance and Payment Bonds in all Construction Contracts

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On November 5, 2018, the Federal Circuit held in a precedential decision that bonding requirements in FAR 52.228-15, “Performance and Payment Bonds—Construction,” were read into all construction contracts by operation of law...more

Troutman Pepper Locke

Evidence That Government Internally Considered Additional Modifications After the Parties Had Signed Earlier Modifications May...

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Meridian Eng’g Co. v. United States, 2018 U.S. App. LEXIS 7024 (Fed. Cir., Mar. 20, 2018) - Meridian Engineering Company (“Meridian”) was hired by the United States (“Government”) to construct flood control structures on...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”...

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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

Morrison & Foerster LLP

Fed. Circ. Further Dulls CDA's Statute Of Limitations

A few years back, a string of decisions at the Armed Services Board of Contract Appeals and the Court of Federal Claims invoked the Contract Disputes Act’s six-year statute of limitations to dispose of several long-pending...more

Polsinelli

Stop, Think, and Be Careful What You Ask For: Lessons and Opportunities Created by Recent Arbitration Ruling

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On April 21, 2015, the Missouri Court of Appeals in City of Chesterfield v. Frederich Construction Inc. upheld an arbitration award that included substantial attorneys' fees to the prevailing party, in a construction case...more

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