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Federal Contractors Contract Terms Construction Industry

McGuireWoods LLP

Supreme Court Declines to Narrow Reach of Federal Fraud Law

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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

Cozen O'Connor

Tackling Potential Tariff Impacts on Awarded Federal Contracts & Private Construction Contracts

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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

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] How to Protect your Rights on a USACE Dredging Project - March 19th, 12:00 pm - 1:00 pm ET

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

Jenner & Block

Client Alert: The Price of Silence: GAO Dismisses Protest Because the Protester’s Key Personnel Were Unavailable

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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

Schwabe, Williamson & Wyatt PC

Federal Court Invalidates President Biden’s Mandatory PLA Requirements on Federal ‎Projects Over $35 Million

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

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

Venable LLP

The Subcontractor Performed. The Prime Contractor Paid. But a Hacker Ended Up with the Money. Who Is Responsible?

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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

Gray Reed

Timing Matters for Differing Site Conditions

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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

BCLP

EPC Contracts and NEC

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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

PilieroMazza PLLC

Changes to Construction Prompt Payment Act: What It Means for Construction Contractors Operating in DC

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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

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

Venable LLP

Even Federal Contractors and Subcontractors Should Pay Heed to State Law on Conditional Payment Clauses

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​​​​​​​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

BCLP

The new security of payment regime in Hong Kong – key issues to consider before its implementation

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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

Bradley Arant Boult Cummings LLP

Kentucky Fried Claim: Contractor Preserves Immunity from Suit by Complying with Government Contract Specifications

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

Woods Rogers

GAO Rejects Contractor's Use of AIA Bid Bond for Federal Project

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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

Greenbaum, Rowe, Smith & Davis LLP

COVID-19 Construction Alert: Force Majeure and Notice Provisions in Construction Contracts Take Center Stage in the Age of...

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

McCarter & English Blog: Government Contracts...

COVID-19 Update: Department Of Defense Issues Class Deviation, Increasing Certain Progress Payment Ceilings

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

Woods Rogers

Construction Project Team Considerations Regarding COVID-19

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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

Dorsey & Whitney LLP

What Construction Contractors and Owners Should Do, Today, to Prepare for the Possible Effects of Novel Coronavirus on their...

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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

Stinson - Government Contracting Matters

No Magic Words Required…Contractor Avoids Dismissal of “Claim” Despite No Specific Request for Contracting Officer “Final...

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

Troutman Pepper Locke

Protecting Contractors Subject to Chief Engineer Decision Clauses

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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

Bradley Arant Boult Cummings LLP

Subcontractor Pass-Through Claims Are Vulnerable to the Severin Doctrine

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

Troutman Pepper Locke

Fixed-Price Contracts Are Simple - Or Are They?

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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

Gray Reed

When is an Unforeseen Condition a “Differing Site Condition”?

Gray Reed on

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

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

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