Subcontractors

News & Analysis as of

Obama Administration Makes Significant Changes Requiring Revisions to Handbooks, Policies and Contracts for Federal Contractors

Federal contractors and subcontractors face significant challenges as the privilege of doing business with the federal government means more paperwork, more audits, and redrafting contract language and employment policies....more

OFCCP Drops the Annual Veterans Hiring Benchmark to 7 Percent

On April 21, 2015, the Office of Federal Contract Compliance Programs (OFCCP) announced that it had updated the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark Database on its website. The VEVRAA...more

Privity Of Contract Is Still The Rule For Breach-Of-Implied-Warranty Claims Against Subcontractors, Even For New Home Construction

Arizona has long recognized the existence of an implied warranty arising out of new home construction. In Columbia Western Corp. v. Vela., the Arizona Court of Appeals expanded implied warranty liability to cover...more

Federal District Court Holds that General Contractor’s Failure to Provide Notice of Default Does Not Preclude Recovery on...

Curtiss-Manes-Schulte, Inc. v. Safeco Insurance Company, 2015 U.S. Dist. LEXIS 10032 (W.D. Mo. 2015) - This dispute between a general contractor and its subcontractor’s performance bond surety arose out of a renovation...more

Subcontracting Plan Compliance - What Large and Small Contractors Need To Know

In this presentation: - Subcontracting plan requirements - Relevant provisions for small businesses - Understanding the SBA review process - Best practices for a successful subcontracting...more

Third Circuit Holds Subcontractor To Its Proposal On Grounds of Promissory Estoppel

DCK TTEC, LLC v. Postel Industries, Inc., 2015 U.S. App. LEXIS 2775 (3d Cir. Feb. 25, 2015) - This action arose out of the construction of two maintenance hangars at the Marine Corps Air Station in Yuma, Arizona (the...more

Construction Lien Law: What You Need to Know to Protect Your Company [Video]

Presented by Tobey Coleman and Emily Yeatts This webinar provides an overview of North Carolina’s construction lien laws and how they apply to and impact each party involved in a typical construction project – owners and...more

Alberta Court Clarifies Builders’ Lien Registration When Contract Abandoned

On February 25, 2015, the Alberta Court of Appeal released its decision in Tervita Corporation v. ConCreate USL (GP) Inc. In that case, the court was required to determine whether a builders’ lien registered by Tervita...more

Protecting Your Prime and Subcontract or Strategic Relationship

In this presentation: - Negotiating A Definitive Work Share Clause - In Teaming Agreements - In Subcontracts - Clauses Requiring Escrow Accounts To Ensure Prompt Payments -...more

Construction Case Law Update - April 2015 #2

Commercial General Liability Policies; “Injury-in-fact” vs. “Manifestation” as Trigger for Coverage; “Your Work” Exception – A CGL policy’s “Your Work” exclusion precludes coverage for defective installation when no damage...more

Consequences for Large Primes Not Hitting Subcontracting Plan Goals

The U.S. Government Accountability Office (“GAO”) recently ruled that the Defense Logistics Agency (“DLA”) properly excluded a large business prime contractor’s proposal from the competitive range based in part on the...more

New OFCCP Regulations Protecting LGBT Workers Now In Effect

As you may recall, last July, President Obama signed an Executive Order prohibiting federal contractors and subcontractors from discriminating on the basis of sexual orientation and gender identity. While many large federal...more

Comments on Proposed Rule Small Business Government Contracting and NDAA of 2013 Amendments, RIN: 3245-AG58

Re: RIN: 3245-AG58, Comments on Proposed Rule Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments - Dear Ms. Fernandez: We are writing to submit comments...more

How Subcontractors Can Protect Themselves Following Binghamton Simulator

Subcontractors often play important roles in government contracting. A subcontractor may, for example, take the lead in drafting what becomes a winning proposal. A subcontractor may work on a day-to-day basis with...more

DOE’s New $55 Billion ESPC Solicitation - A Move from “Show me the Money” to “Share the Money”

On March 23, 2015, the U.S. Department of Energy (DOE) released a Request for Proposals (RFP) for the implementation of energy savings performance contracts (ESPCs) at any U.S. federal government site worldwide. The intent is...more

Managing Your Third Parties in a FCPA Compliance Program

The building blocks of any Foreign Corrupt Practices Act (FCPA) anti-corruption compliance program lay the foundations for a best practices compliance program. For instance in the lifecycle management of third parties, most...more

Understanding SBA’s Proposed Rule Changes For The Mentor-Protégé Program And Limitations On Subcontracting

In This Presentation: - Two new proposed rules from SBA: - Mentor-protégé program for all small businesses - Limitations on subcontracting - Both rulemakings contain many other proposals that...more

House Bill Proposes Improvements to Small Business Contracting Policies

The House Small Business Committee approved legislation on March 25, 2015 to ensure more small businesses can compete for federal contracts and help save taxpayer money. ...more

Pennsylvania Court Holds Faulty Workmanship Not an Occurrence

In its recent decision in Nat’l Fire Ins. Co. v. Gabe’s Constr. Co., 2015 U.S. Dist. LEXIS 37533 (M.D. Pa. Mar. 25, 2015), the United States District Court for the Middle District of Pennsylvania, applying Wisconsin law, had...more

Your “Form” Teaming Agreement: Enforceable Contract or an “Agreement to Agree”?

Teaming agreements have become virtually universal in the world of government contracting, and their use is recognized and promoted in the Federal Acquisition Regulation. ...more

Congressional Hearing Highlights Concerns Over President's New Federal Contractor Reporting Requirements

Republicans and business groups continued to criticize the aggressive regulatory initiatives in President Obama's Executive Order 13673 (EO13673) at a recent House joint subcommittee meeting last month. ...more

They Can’t Take That Away From Me. Well, At Least Not At First

Some of you may recall the George and Ira Gershwin song, They Can’t Take That Away From Me made famous by Fred Astaire and Ginger Rogers in the film, Shall We Dance. A recent amendment to a mechanic’s lien statute will limit...more

Fissured Employment – the Government Has Set Its Sights on You

For centuries, businesses have used subcontracting arrangements, franchise agreements or otherwise contracted out the performance of some functions third parties. The business reasons for such actions are obvious: it allows...more

The White House's So-Called "Black List" Order Aims to Deny Federal Contracting with Companies Not in Compliance with Federal...

In July 2014, President Obama issued an Executive Order dubbed the Fair Pay and Safe Workplaces order that, once implemented, will allow the government to deny a company a contract if it or certain subcontractors violated –...more

Tips for Suspending Work for Non-Payment without Getting Fired

All work and no pay making you crazy? A temporary suspension of work may be an appropriate self-help remedy for an owner’s or contractor’s non-payment. Although termination of the contract for the material breach of...more

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