In a recent Board decision dated December 13, 2023, the United States Army Corps of Engineers sought to amend its answer in the case of APPEALS OF – KELLOGG BROWN & ROOT SERVICES, INC., under Contract No. W912GB-13-C-0011....more
Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to...more
6/22/2022
/ Armed Services Board of Contract Appeals ,
Business Interruption ,
Construction Contracts ,
Construction Project ,
Contract Disputes ,
Contractual Liability Exclusions ,
Coronavirus/COVID-19 ,
Cost Recovery ,
Federal Contractors ,
Government Shutdown ,
Infectious Diseases ,
Public Health Emergency ,
Public Projects ,
US Air Force
They say that hindsight is 20/20. Who is they, anyway? The old proverb means that it is easy to understand something after it has already happened. In the world of construction contracts, preservation of claims made in...more
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
12/9/2019
/ Appeals ,
Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Construction Project ,
Contract Terms ,
Damages ,
Delays ,
Expert Witness ,
Federal Contractors ,
Litigation Strategies ,
Renovations
There is objection evidence. There is subjective evidence. 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...more
11/15/2019
/ Construction Contracts ,
Construction Defects ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contract Termination ,
Contract Terms ,
Department of Defense (DOD) ,
Federal Contractors ,
Termination for Default ,
Timely Project Completion ,
US Air Force
In Michael Johnson Logging v. USDA, CBCA 5089 (Dec. 22, 2017), a government contractor sought damages, including “business devastation” losses, under a timber sales contract with the United States Forest Department. ...more
Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of...more
It’s not everyday that you read about one of your longtime heroes, the Federal Acquisition Regulations (“FAR”), losing some of its mojo. The Nash & Cibinic Report read as follows: “The FAR: Does It Have Contractual Force and...more
Like many of you, I stayed up late on Tuesday night / Wednesday morning to watch the 2016 election returns. I dragged myself into the office after only a few hours of sleep and my phone was immediately ringing. Some clients....more
11/11/2016
/ Affordable Care Act ,
Airports ,
Bridges ,
Construction Industry ,
Construction Project ,
Critical Infrastructure Sectors ,
Day Laborers ,
Employee Benefits ,
Federal Contractors ,
Health Insurance ,
Healthcare ,
Highways ,
Immigrants ,
Immigration Reform ,
Minimum Wage ,
OSHA ,
Roads ,
Transportation Industry ,
Undocumented Immigrants ,
Wage and Hour ,
Workplace Safety
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...more
In our house of chaos, rules are especially important. And when you don’t follow the rules—like no jumping on the furniture—you could end up with a lump on your head.
In the world of government contracts, you know that...more
Following up on my post about the Yates Memo, I started to think more about the areas of compliance that federal highway contractors must face. Contractors certify many things and interact with a wide variety of governmental...more
On September 9, 2015, United States Deputy Attorney General Sally Q. Yates issued a memorandum directing increased focus on individual culpability in matters of corporate wrongdoing. In addition to fines and sanctions against...more
I have seven kids. I fully understand the importance of “leave” from work when another kid comes along (…how did that happen?…) or when a close family member is sick. But right now, they are all happy....more
Essays are a great way to teach lessons. In our house of seven children, it seems that almost every day is an “Essay Day.” Last week, when caught in the middle of a lie—about an issue that was not even important— one of my...more
Rain. Snow. Sleet. Ice. The winter elements this year have been unusually severe throughout the country. While weather affects our everyday lives, it can be especially crippling to the delivery of materials, the schedule of...more