H.R. 3864, the Infrastructure Investment and Jobs Act or Bipartisan Infrastructure Bill (BIB), passed a vote by the U.S. House of Representatives on November 5, 2021, and will soon become law upon signing by President Biden....more
11/11/2021
/ Biden Administration ,
Construction Project ,
DBE/MBE ,
Department of Transportation (DOT) ,
Federal Contractors ,
Federal Funding ,
Infrastructure ,
Infrastructure Financing ,
Legislative Agendas ,
Small Business ,
Surface Transportation
Recently, in Cross v. L-M Asphalt Partners, Ltd., the Kentucky Court of Appeals upheld a contractor’s immunity from suit for negligence, where the contractor complied with the contract and construction specifications provided...more
11/17/2020
/ Appeals ,
Appellate Courts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Contractors ,
Federal Contractors ,
Immunity ,
Negligence ,
Strict Compliance ,
Summary Judgment
The Miller Act protects subcontractors from nonpayment on federal projects by requiring prime contractors to issue payment bonds. To obtain relief under the Miller Act, a subcontractor must (1) give the prime contractor...more
The U.S. Court of Appeals for the Federal Circuit, in U.S. Army Corps of Engineers v. John C. Grimberg Co., Inc., recently reversed an Armed Services Board of Contract Appeals (ASBCA) decision that a federal contractor was...more
In October, a Florida jury found a general contractor liable for $45 million for the death of a motorist killed by one of the contractor’s trucks pulling out of a road construction job site. The case highlights the importance...more
11/9/2017
/ Bodily Injury ,
Construction Industry ,
Construction Site ,
Construction Workers ,
Contractors ,
Department of Transportation (DOT) ,
Employer Liability Issues ,
Federal Contractors ,
Florida ,
Public Projects ,
Safety Standards ,
Subcontractors ,
Transportation Industry ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Wrongful Death
In September, the Armed Services Board of Contract Appeals (ASBCA) addressed the certification requirements under the Contract Disputes Act (CDA). A motion to dismiss by the U.S. Government prompted the ASBCA to consider...more
Which party first breached a contract often plays a determinative role in assessing entitlement for damages in a contract dispute. This theory is often referred to as the First or Material Breach Doctrine....more
An issue that repeatedly comes up in construction disputes is the scope of an arbitration agreement. Courts generally interpret agreements to arbitrate broadly, and, where the arbitrability of a specific claim has been at...more
9/21/2017
/ Arbitration ,
Arbitration Agreements ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Contract Disputes ,
Contract Interpretation ,
Energy Sector ,
Federal Contractors ,
Liberty Mutual Insurance Company ,
Performance Bonds
The Armed Services Board of Contract Appeals (ASBCA) recently tackled a contractor’s claim for pre-construction costs following termination for convenience by the U.S. Army Corps of Engineers. In Pro-Built Construction Firm...more
The CBCA recently published an opinion addressing the interpretation of “Brand Name or Equal” clauses in Glancy & Sons, Inc. v. Department of Veterans Affairs. In Glancy, the contract specifications identified a patient...more