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Construction Government Contracting General Business

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

Descoping of works: what is the employer entitled to do?

by White & Case LLP on

Financial constraints mean that employers are often looking to descope works from major projects. But how feasible is this? A recent case highlights the potential implications for employers who attempt to descope works...more

NEC4 suite of standard form contracts to be released in June

by White & Case LLP on

On 22 June 2017, the NEC4 suite of standard form contracts will be officially launched at the NEC Users' Group's Annual Seminar. This new suite will replace the popular NEC3 suite, which was first published back in 2005....more

When Is the Contractor’s Termination for Default Proper? When It Does Bad Things

by Burr & Forman on

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

3 Things Contractors Should Do Now to Ensure “Buy American” Compliance in the Wake of Trump’s Executive Order

by Carlton Fields on

"Buy American, Hire American" is no longer just a campaign slogan. It is the subject of an Executive Order signed by President Trump on April 19. The order details the Trump administration’s policy of ensuring compliance with...more

California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different,...

Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a...more

What Every Contractor Should Know About Requests for Equitable Adjustment

by PilieroMazza PLLC on

Government contractors quickly learn to expect the unexpected. While working on a construction contract, a contractor may encounter undisclosed utility lines 15 feet underground. Or, an information technology support...more

Federal Court in Alabama Rules that 1999 Amendment to the Miller Act Does Not Preclude Arbitration of Underlying Claims

by Pepper Hamilton LLP on

United States v. Int’l Fid. Ins. Co., No. 16-0472-WS-C, 2017 U.S. Dist. LEXIS 16791 (S.D. Ala. Feb. 7, 2017) - This action arose out of a payment dispute between Bay South Limited, Inc. (“Bay South”) and Stephens...more

Procurement Pulse - April 2017

by DLA Piper on

Breach of the procurement rules raises the difficult dilemma of providing sufficient information to disaffected bidders to ensure that the playing field is as level as possible in terms of the information they have available...more

Revisions to ConsensusDocs® Design-Bid-Build Standard Forms

Every construction project has a contract (written, preferably), and they often vary in size and scope depending on the nature and complexity of a project. Many construction industry participants have developed their own...more

Solar in the Frost: What to Watch Out For

As solar technology continues to become more efficient, construction of solar plants is expanding rapidly around the world, including in colder environments that, in the past, may have lacked the irradiance necessary to make...more

Oil & Gas Sector in Mexico: Comisión Nacional de Hidrocarburos Announces Petróleos Mexicanos Invitation to Bid for Ayín-Batsil...

by Shearman & Sterling LLP on

On March 7, 2017, the Mexican government, through the Comisión Nacional de Hidrocarburos (National Hydrocarbons Commission or “CNH”), commenced an international tender process to grant the right to enter into a production...more

NEC4 is on its way

by Dentons on

The next generation of NEC contracts – the NEC4 suite – is due to be launched on 22 June 2017 at the NEC Users' Group Annual Seminar 2017....more

Federal Court in Idaho Rules That a Government Contractor May Recover Consultant Fees, So Long as Those Fees Were Incurred in...

by Pepper Hamilton LLP on

The United States Department of Veterans Affairs (the “VA”) contracted with Sygnos, Inc. (“Sygnos”) for improvements to the electrical system at a VA hospital in Boise, Idaho. Sygnos subcontracted a portion of the work to...more

Missouri appellate court opens the door to Spearin claims by contractors against public entities

by Thompson Coburn LLP on

A Missouri appellate court has for the first time recognized that a construction contractor may pursue a breach of contract claim against a public entity owner based on the “Spearin doctrine,” meaning the contractor may...more

Texas Court of Appeals Holds That Owner’s Change to Contractor’s Means and Methods Resulted in a “Breach,” Instead of a “Change”...

by Pepper Hamilton LLP on

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

Public Private Partnerships: Securing Payment for Labor and Materials

by Farrell Fritz, P.C. on

What happens to contractors and subcontractors who are without lien rights when a private developer is building on public land with private money? A recent court decision clarified the parties’ rights and obligations for...more

Avoiding disputes under PFI/PF2 contracts

by Dentons on

With more PF2 projects ahead, there are lessons to be learnt from recent PFI disputes. In the Autumn Statement, the Chancellor of the Exchequer confirmed that "the government will develop a new pipeline of projects that...more

Significant Government Contract Litigation: A Year in Review

Last year provided a number of important claims and cases that further developed various aspects of litigation regarding the Contract Disputes Act (CDA). The major issues raised in some of the more notable claims include...more

New administration sets stage for shift in domestic preference requirements and enforcement activities

by Dentons on

The presidential memoranda signed on January 24, 2017, by President Trump relating to the Keystone XL and Dakota Pipelines included a message of particular significance to the government contractor community: Buy American....more

New FAR Changes Incentivize Prime Contractors Not to Be Deadbeats in Meeting Their Payment Obligations to Their Small Business...

by McCarter & English, LLP on

One common complaint we hear from our subcontractor clients is “HOW CAN WE GET PAID????” Our experience has shown that whether through inadvertence, lack of subcontract management resources – or even as a predatory business...more

Obama Trumped? Top Five Trump Targets Among Obama’s Executive Orders

The election of Donald Trump will significantly affect companies that contract with the federal government. Trump’s business background and campaign promises suggest many upcoming changes in the way the federal government...more

Reversal of Fortune: AB 219 is Back!

PREVAILING WAGE LAW is California's "other" minimum wage. It requires workers to be paid union wages on publicly funded construction projects. But in recent years, the law in California has EXPANDED well beyond its initial...more

Eighth Circuit Dismisses Interlocutory FCA Appeal for Lack of Jurisdiction

by Ropes & Gray LLP on

In this April 2016 decision, the Eighth Circuit held that it lacked jurisdiction to consider the appeal of a two-state agency seeking review of a denial of its motion for summary judgment. Below the two-state agency had...more

Legal Insight: Overview of PPP laws/frameworks in selected African jurisdictions

by Dentons on

Uganda - In July 2014, Uganda joined the list of African countries that have implemented Public Private Partnership or “PPP” laws, by passing the Public Private Partnership Bill 2012 (Uganda PPP Law). As in many African...more

UK construction industry news: our contracts, industry and regulatory round-up

by Dentons on

Our construction news round-up includes our pick of industry news from the last three or four months as well as a range of contractual and regulatory issues that affect UK construction businesses....more

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