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Construction Contracts Federal Acquisition Regulations (FAR)

Jackson Lewis P.C.

FAR Rule Implements EO-Mandated Use of Project Labor Agreements on Large Federal Construction Projects

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The Federal Acquisition Regulatory Council (FAR Council) has issued a final rule establishing a project labor agreement (PLA) requirement for contracts that meet the definition of federal “large-scale construction projects”...more

Schwabe, Williamson & Wyatt PC

Comparing Senate and House NDAA 2024

On July 27, 2023, the United States Senate passed its version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2024 (S.2226), setting the stage for negotiation with the House of Representatives over the...more

Seyfarth Shaw LLP

“Made in America Week” Highlights Requirements, Opportunities for Contractors and Suppliers

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On July 21, 2023, President Biden designated July 23-29, 2023, as “Made in America Week.” This proclamation builds on the Biden Administration’s efforts to bolster domestic manufacturing through evolving policies attached to...more

Bradley Arant Boult Cummings LLP

Don’t Overlook Your Subcontracts on Federal Projects

The Armed Services Board of Contract Appeals’ (“ASBCA or “Board”) decision in Fluor Intercontinental, Inc., serves as an important reminder to prime contractors to be cognizant of the clauses they include in subcontracts for...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – May 2023

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SBA’s New Lending Rules Improve Small Business Growth Opportunities - On April 12, 2023, the U.S. Small Business Administration (SBA) published two new rules: (1) Small Business Lending Company (SBLC) Moratorium Rescission...more

Husch Blackwell LLP

The Difference Between Differing Site Conditions And Superior Knowledge

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The decision of the Court of Federal Claims in Marine Industrial Construction LLC v. United States, 158 Fed. Cl. 158 (2022), includes detailed analysis of several legal issues familiar to contractors facing challenging...more

Schwabe, Williamson & Wyatt PC

New Regulation Proposal Would Require Project Labor Agreements for Federal Construction ‎Projects

On Thursday, August 19, 2022, as mandated by Executive Order 14063, issued by President Biden February 4, the Federal Acquisition Regulatory Council proposed a rule to amend the Federal Acquisition Regulations (FARs) to...more

Cohen Seglias Pallas Greenhall & Furman PC

Recovering Field Overhead Expenses

In a recent Armed Services Board of Contract Appeals (ASBCA) decision, Pave-Tech, Inc., the ASBCA found that the decisions a construction contractor makes, even from the very beginning of a project, have consequences. In...more

Fox Rothschild LLP

Material Escalation: A Difficult Road to Recover Costs

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The annual inflation rate in the United States rose 7% in 2021, its highest rate since 1982. The construction industry has not been immune from this general trend, with steel prices rising 200% and lumber prices soaring as...more

McCarter & English Blog: Government Contracts...

PLAy Ball! Executive Order Directs Project Labor Agreements for Construction Projects Over $35 Million

With Spring Training just a few weeks away it looks like the Biden Administration is stepping up to the plate to ensure the plans in its $1 trillion Infrastructure Investment and Jobs Act can avoid strikes. On February 4,...more

Bradley Arant Boult Cummings LLP

Board Rules Contractor Entitled to Additional Costs After Government Unreasonably Refuses to Accept Equivalent Substitute

In Appeal of Carothers Constr., Inc., the Armed Services Board of Contract Appeals (the “Board”) rejected the Government’s reliance on strict compliance with the material specifications for a 2 1/2″ thick roof deck product...more

Fox Rothschild LLP

Effective Contract Management Primer: FAR Remedy Granting Clauses, Certified Claims, and Disputes

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Submitting a certified claim to a government agency or appealing a contracting officer’s final decision (COFD) can be a risky business decision for federal contractors. On one hand, there is the risk of straining the...more

Davis Wright Tremaine LLP

Federal Contractors: Avoid Getting Shortchanged on Prevailing Wages

The Davis-Bacon Act and the FAR - The Davis-Bacon Act, 40 U.S.C. §§ 3131-3148, (the Act) is a fact of life in federal government construction contracting. The Act, passed in 1931, establishes the requirement of paying the...more

Sheppard Mullin Richter & Hampton LLP

Does Your Contract Work Abroad Require A Combatting Trafficking In Persons Compliance Plan? Now Is A Good Time To Check

The U.S. Government Accountability Office (“GAO”) recently released a new report finding that Army and Navy contracting officials were unaware of their oversight responsibilities regarding combating trafficking in persons....more

Wiley Rein LLP

National Defense Authorization Act for Fiscal Year 2021 Includes Numerous Provisions Impacting Government Contractors

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The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L. No. 116-283) was enacted into law on January 1, 2021, when the Senate voted to override President Trump’s veto of the bill. The Senate’s move,...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

Obermayer Rebmann Maxwell & Hippel LLP

The “Negligent Negotiations” Theory of Recovery – Is it a Go or No Go at the Boards of Contract Appeal? Part 1

Attention contractors – there is a new theory of recovery to consider! …Or, is there? Truth is, it might depend on what agency you are doing business with, and where you bring your case....more

Fox Rothschild LLP

Force Majeure In Construction’s New World Of COVID-19

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The government and market response to the COVID-19 pandemic is presenting novel and difficult legal issues and challenges across all industries. In construction in particular, with projects of all types and sizes at risk,...more

Cohen Seglias Pallas Greenhall & Furman PC

Bidding Federal Work During the Coronavirus Crisis

The coronavirus epidemic has disrupted our world in ways we could not have imagined a few weeks ago. In the midst of the crisis, the federal government is trying to do everything possible to keep businesses afloat, and that...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

PilieroMazza PLLC

Weekly Update Newsletter - January 2020

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Join the HUBZone Council as They Celebrate Their 20th Anniversary - On January 17, 2020, the HUBZone Contractors National Council will be hosting its first EVER HUBZone Industry Awards Gala in Baltimore, MD, at Morgan...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Key Construction Clauses and Considerations in Federal Construction Contracting - December 18th, 9:00 am CT

On Wednesday, December 18, 2019, Obermayer Chair of the Government Contracting Department, Maria Panichelli, will be presenting a webinar titled, “Key Construction Clauses and Considerations in Federal Construction...more

Burr & Forman

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

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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

Bradley Arant Boult Cummings LLP

Termination for Default – the Government's Burden - Construction and Procurement Law News, Q3 2019

In Alutiiq Manufacturing Contractors, LLC v. United States, the U.S. Court of Federal Claims ruled that the Government had improperly terminated a construction contract for default and ordered that the default termination be...more

PilieroMazza PLLC

This Project Is Behind Schedule – What Is a Contractor to Do?

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Construction projects rarely, if ever, go precisely as planned. One of the most common issues government contractors face is falling behind schedule. A schedule is developed, and then the contractor is confronted with...more

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