Federal Construction Contracting Blog

FEBRUARY 22, 2024

Department of Veterans Affairs (the VA) contract, learned the hard way that a contractor simply cannot ignore a size protest, regardless of its actual merit. The contracting officer forwarded the protest to the cognizant SBA Area Office (Area Office). Sanford Federal, Inc., the selected awardee for a U.S.

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Federal Construction Contracting Blog

DECEMBER 9, 2022

The Armed Services Board of Contract Appeals (ASBCA) recently issued a decision regarding a contractor’s claim for increased performance costs due to the economic impact of the COVID-19 pandemic. As a result, the contractor submitted several requests for contract adjustments based on the increased price quotes of the vendor.

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Contractors Contract Defense Claims 52

Federal Construction Contracting Blog

JUNE 7, 2022

The government acts in its sovereign capacity when it takes actions that are general and public in nature and do not target any particular contractor; rather the impact of the government’s action on its contracts is merely incidental to the purpose of a broader governmental objective. As the Court of Claims in Jones v.

Defense 59

Defense Contract Claims Contractors 59

Green Building Law Update

NOVEMBER 5, 2017

The reason for the dearth of court cases is not that there are no disputes and differences arising from green building design and construction, but rather that many, if not most of the contracts in sustainable construction require mandatory arbitration, in lieu of a judicial contest. Legal scholars can have at it.

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Green Contract Documentation Claims 120

Federal Construction Contracting Blog

JUNE 24, 2022

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. involved an IDIQ contract for renovation work at Langley Air Force Base. Claims under TOs 22 and 25 were the subject of a contracting officer’s final decision, the denials of which T.H.R.

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Agreement Claims Contract United States 52

Federal Construction Contracting Blog

JANUARY 16, 2024

Department of Defense (DoD) published the much anticipated proposed rule for the revamped Cybersecurity Maturity Model Certification (CMMC) 2.0 For example, contractors subject to 252.204–7012 are already required to safeguard covered defense information in accordance with NIST SP 800-171. On December 26, 2023, the U.S.

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Certification Security Contract Defense 52

Best Practices Construction Law

NOVEMBER 15, 2019

And sometimes, it is a combination of both A case cannot go much worse when a court’s opinion starts with the following: “This case concerns a contract in which a number of disputes, poor practices, and conflicting personalities created a climate of dishonesty, distrust, and lack of effective communication.

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Schedule Contract Contractors United States 48

Levelset

SEPTEMBER 8, 2022

When it comes to protecting your contracting business from claims and lawsuits, it can be tough to know what type of insurance you should purchase. Liability insurance protects your business against claims for damages caused by you and your workers, if you have any. General liability insurance.

Liability 52

Liability Insurance Claims Legal 52

Construction Dive

OCTOBER 7, 2012

It’s an old sports cliché: the best defense is a good offense. In claims litigation, this strategy has been in evidence for years. A recent case, however, illustrated a pitfall to this aggressive response. The engineer sued to collect approximately $50,000 in compensation. million in damages.

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Defense Claims Compensation Agreement 48

Constructlaw

JUNE 21, 2022

Gary and Kelley Caballero contracted to purchase a new home to be constructed by Taylor Woodrow and Taylor Morrison of Texas, Inc. The contract contained an agreement to arbitrate any disputes with the American Arbitration Association (AAA) under the Federal Arbitration Act (FAA). Caballero , No. 01-20-00800-CV, 2022 Tex.

Agreement 52

Agreement Texas Claims Contract 52

Best Practices Construction Law

SEPTEMBER 24, 2020

Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities. Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. The Contract.

Claims 118

Claims Compensation Contract Contractors 118

Best Practices Construction Law

MAY 12, 2014

I recently learned that these principles may not apply to a public owner’s claims against design professionals and contractors. For example, in Tennessee, claims regarding improvements to real property must be brought within four years of substantial completion of the project, regardless of the date of discovery. In State v.

Claims 54

Claims Connecticut Legal Construction 54

Best Practices Construction Law

NOVEMBER 21, 2019

In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment. The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors. However, in Thomas J.

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Contract Subcontracting Drafting Virginia 77

ENR Construction

SEPTEMBER 17, 2019

of Defense contract team failed to follow criteria for termination firmly established in federal case precedents, Federal claims court ruled.

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Defense Claims Contractors Contract 37

NH Construction Law

JANUARY 30, 2022

1990) (applying New Hampshire law) (“If some of the claims against the insured fall within the terms of coverage, and some without, the insured must still defend the entire claim (at least until it is apparent that no recovery under the covered theory can be had).”) City of Keene , 898 F.2d 2d 265, 269 (1st Cir.

Insurance 40

Insurance Liability Defense New Hampshire 40

Green Building Law Update

JANUARY 19, 2020

economy, when in any given year the vast majority of real estate transactions are leases and not contracts of sale. In 2020, an increasingly large number of prospective tenants, from commercial banks to sports apparel retailers and the defense industry are actively seeking protection for existing contamination before signing leases.

Liability 156

Liability Leases Defense Commercial 156

Levelset

SEPTEMBER 14, 2022

“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. Medical expenses, property damage, and legal defense costs can grow quickly. Cyber insurance.

Insurance 98

Insurance Liability Claims Injury 98

Best Practices Construction Law

JUNE 21, 2016

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read your contract.” In Schindler v. Tully Construction Co. , Tully Construction Co. ,

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Claims Contract Legal New York 82

Federal Construction Contracting Blog

DECEMBER 9, 2021

The SBA is proposing two new methods for small businesses to obtain the often elusive qualifying past performance commonly required when competing for federal contracts. Under the proposed rule, a contracting officer shall consider the past performance of the joint venture when evaluating the small business’ past performance.

Contract 52

Contract Contractors Office Subcontracting 52

Green Building Law Update

AUGUST 30, 2020

economy, when in any given year the vast majority of real estate transactions are leases and not contracts of sale. In 2020, an increasingly large number of prospective tenants, from commercial banks to sports apparel retailers and the defense industry are actively seeking protection from existing contamination before signing leases.

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Site Liability Leases Defense 156

Federal Construction Contracting Blog

NOVEMBER 11, 2021

On November 4, 2021, the Department of Defense (DOD) announced it is revamping the Cybersecurity Maturity Model Certification program. through the rulemaking process and has indicated that the requirements will not appear in any contracts until that process is complete. The DOD is implementing CMMC 2.0

Certification 52

Certification Defense Liability Contractors 52

Green Building Law Update

DECEMBER 3, 2017

But the largest owner of green buildings (also the owner of the most LEED certified buildings) the Department of Defense has largely taken itself out of this discussion with a waiver that provides, Department of Defense prohibits the sharing of metered data with private entities, such as USGBC. A claim pending against a major U.S.

Green 120

Green Risk Claims Drafting 120

Best Practices Construction Law

MARCH 5, 2018

Whatever the camp you fall into, a recent government contracts case tells a story that should be avoided when submitting payment applications to the government. Waukegan Steel, LLC , an employee brought a False Claims Act (FCA) against his employer for false billing and certification on a goverment project. Jesse Sloan v.

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Claims Certification Fabrication Inspections 63

Construction Dive

NOVEMBER 12, 2015

By Bruce Jervis On a public works contract, a “sovereign act” is the ultimate government defense to a contractor claim for additional compensation. The act is not directed at a particular contractor and not intended to nullify rights under a particular contract. the government agency ?

Compensation 48

Compensation Defense Contract Claims 48

Construction Lawyer

FEBRUARY 28, 2014

281 Broadway Holdings, LLC , a subcontractor was forced to pay for the costs of defense of the owner and general contractor, even though the court found that the contractor was not at fault. The owner and the general contractor filed cross-claims against SJ for indemnification. contracts insurance litigation'

Contract 40

Contract Contractors Insurance Accidents 40

NH Construction Law

JUNE 30, 2020

A few years back I blogged (#24) on the Spearin doctrine, which holds that adherence to government-imposed design specifications absolves the contractor from contract liability to the government when the finished product fails to perform as intended. Spearin does not address tort liability to third parties injured by defective designs.

Contractors 40

Contractors Liability United States Defense 40

Levelset

SEPTEMBER 30, 2022

If a third party gets injured on a job, liability coverage helps pay the cost of legal defense if you get sued for the accident. . A large claim against your business could have a devastating financial effect that could threaten your livelihood. Does a carpenter need insurance? Carpentry is a diverse occupation.

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Insurance Liability Accidents Injury 52

Construction and Infrastructure Law

JUNE 11, 2018

A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. Article 10 of the Convention allows contracting states to permit service by mail; and it allows them to object to service by mail. Construction litigators beware!

Procurement 40

Procurement Contract California Contractors 40

Green Building Law Update

MARCH 31, 2019

Such is a real issue when in any given year the vast majority of commercial and industrial real estate transactions are leases and not contracts of sale. Phase l ESAs are now becoming much more common in commercial and industrial leasing.

Liability 120

Liability Leases Defense Commercial 120

NH Construction Law

DECEMBER 19, 2020

It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. For public works contracts where payment bonds are required by statute ( RSA 447:16 et seq. citations omitted] By its terms the bond insured the faithful performance of the contract. Wellington Power Corp.

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Subcontracting New Hampshire Liability Defense 40

NH Construction Law

MAY 20, 2023

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”

Contractors 40

Contractors Bargains New Hampshire Contract 40

Levelset

SEPTEMBER 16, 2022

The coverage kicks in when: The contract has been completed All of the work has been completed The work has been put to its intended use. The work is considered finished when the contract is complete — repairs or maintenance generally don’t affect the completion date. . Examples of completed operations claims. not in progress).

Insurance 52

Insurance Liability Claims Contractors 52

NH Construction Law

NOVEMBER 7, 2018

It does not address whether, once an owner sues, the contractor’s rejected offer to repair defective work will be a defense to claims for damages measured by the cost of having a third party do the repairs. First, not doing so may doom any mitigation of damages defense down the road. See B erkshire Medical Center, Inc.

Contractors 40

Contractors Claims Defense Liability 40

Best Practices Construction Law

MAY 20, 2016

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party most appropriate to handle it. What about the risk of escalation in material costs?

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Risk Materials Contract Contractors 69

Best Practices Construction Law

MAY 14, 2012

35, (2011), the Arizona Court of Appeals held that the defense of lack of licensure could be waived if not timely and appropriately raised in an arbitration proceeding. The Court also reasoned that even if it was a quantum meruit claim the amount was not liquidated or still in dispute until an award was made and thus fees are not recoverable.

Lien 48

Lien Defense Las Vegas Construction 48

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. In those clauses, the overall success of COVID-19-based force majeure defenses is still unknown.

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Claims Insurance Bankruptcy Legal 40

Construction Lawyer

APRIL 3, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Federal Court dismisses subs claim against GC because of arbitration provision. If the net recovery on the claims were to exceed $4.3

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Claims Agreement Illinois Subcontracting 40