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Words Matter – an Implied Warranty Case Before Washington's Court of Appeals Is a Reminder

There is a reason why contractors need to review their contracts closely and the Washington Court of Appeals' decision in King County v Walsh Construction Company II LLC, No. 83787-7-1 (Wash. App. Ct. 2023) ("Walsh")...more

ASBCA Addresses Contractor's Burden in Submitting "or Equal" Product

In Carothers Construction, Inc., the Armed Services Board of Contract Appeals discussed the contractor's burden in submitting an "or equal" product. The contract incorporated FAR 52.336-5, Material and Workmanship, which...more

Court of Federal Claims Provides Guidance on Recovery of Unabsorbed Overhead and the Christian Doctrine

In Kudsk Construction Inc. v. The United States, No. 18-1032C (August 30, 2019), the Court of Federal Claims addressed damages in the context of a delayed notice to proceed and addressed the Christian doctrine in the context...more

The Court of Federal Claims Provides Guidance on Factors for the Government to Consider in a Default Termination

A recent case from the Court of Federal Claims provides us instruction on the factors that the government should consider in determining whether to terminate a construction contract for default. This case provides a detailed...more

The ASBCA Imposes Conditions on Raising Excusable Delay as an Affirmative Defense to Default Termination

A recent decision by the Armed Services Board of Contract Appeals underscores the importance of timely filing a certified claim for excusable delay, and the risks of failing to do so. In ECC CENTCOM Constructors, Inc....more

Lock ‘Em Up or Lose ‘Em — The Importance of Early Execution of Key Subcontracts

A recent decision by the Armed Services Board of Contract Appeals reminds us of the importance of obtaining commitments from your key subcontractors after award....more

The Importance of Modifications and Schedule Updates When Faced with a Termination for Default

A recent decision by the Armed Services Board of Contract Appeals reminds us of the significance of release language in a modification, this time in the context of a contractor seeking to overturn a termination for default of...more

State of Alaska Tightens Its Claim Provisions

In 2015, the Alaska Department of Transportation and Public Facilities significantly amended the claims provision of its Standard Specifications—105-1.17. The amendments incorporate language from the standard conditions...more

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