A recent decision from the U. S. District Court for the Middle District of Florida, is a MUST READ for any lawyer or construction executive involved with joint ventures (“JV’s”). This decision provides a rare, detailed look...more
In May of this year, the Supreme Court of Wyoming held that a subsidiary of Sinclair Oil could invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The court rejected the...more
The Armed Services Board of Contract Appeals (the “Board”) recently held the government liable for design delays where the government prematurely required details in design submissions and failed to provide comments on design...more
Most government contract lawyers are already familiar with the Tucker Act (28 U.S.C. § 1491), which gives the U.S. Court of Federal Claims jurisdiction over many non-tort claims against the United States, including contract...more
8/20/2020
/ Appeals ,
Class Action ,
Contract Disputes ,
Court of Federal Claims ,
Fifth Amendment ,
Litigation Fees & Costs ,
PACER ,
Regulatory Takings ,
Tax Refunds ,
Tort Claims Act ,
Tucker Act
In June, the Armed Services Board of Contract Appeals (ASBCA) addressed whether it had jurisdiction where a subcontractor pass-through claim was certified under the Contract Disputes Act (CDA) by the subcontractor’s...more
Since our last article, fear of the coronavirus (COVID-19) continues to spread as rapidly as the disease itself. Within the last few days, President Trump declared a national emergency and announced the steps the Executive...more
The coronavirus disease (COVID-19) continues to dominate global headlines and markets. In the U.S., COVID-19 has prompted two governors to declare states of emergency; tragically claimed the lives of multiple U.S. residents;...more
3/4/2020
/ AIA Construction Forms ,
Business Disruption ,
Centers for Disease Control and Prevention (CDC) ,
Commercial Insurance Policies ,
Construction Industry ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Force Majeure Clause ,
General Contractors ,
Infectious Diseases ,
Risk Management ,
Risk Mitigation ,
Standard Form Contracts ,
Workplace Safety
The Government Accountability Office (GAO) recently sustained a protest that challenged the Department of Veterans Affairs’ (VA) failure to set aside an acquisition for Service-Disabled Veteran-Owned Small Businesses (SDVOSB)...more
Technically, no. However, when the contractor is protesting the award of a contract for the same agency that issued the unfavorable Contractor Performance Evaluation Report (CPAR), the contractor may have some success arguing...more
2/5/2020
/ Bad Faith ,
Bid Protests ,
Court of Federal Claims ,
CPARS ,
De Facto Injury ,
Federal Contractors ,
Jurisdiction ,
Motion to Dismiss ,
Past Performance ,
Suspensions & Debarments ,
U.S. Navy
A New York trial court recently upheld the enforceability of a no-damages-for-delay clause in a contract between a general contractor and its subcontractor. In Hailey Insulation Corp., v. WDF, Inc., the subcontractor...more
Part 42.15 of the FAR entitles federal contractors to submit comments and receive agency review of an unfavorable performance evaluation in the Contractor Performance Assessment Reporting System (CPARS). If the contractor’s...more
In Prestress Services Industries of TN, LLC v. W.G. Yates & Sons Construction Co., 280 F.Supp.3d 908 (N.D. Miss. 2017), the United States District Court for the Northern District of Mississippi faced a “rather interesting...more
6/7/2018
/ Construction Industry ,
Construction Project ,
Design Defects ,
Economic Damages ,
Economic Loss Doctrine ,
Engineering ,
Goods or Services ,
Motion for Summary Judgment ,
Negligence ,
Professional Liability ,
Public Policy ,
Service Contracts
On Wednesday, November 29, 2017, the Supreme Court heard arguments in the appeal of Timothy Carpenter, a man convicted and sentenced to 116 years for his role in a series of armed robberies. In proving his guilt, prosecutors...more
12/4/2017
/ Carpenter v US ,
Cell Phones ,
Criminal Investigations ,
Cybersecurity ,
Electronically Stored Information ,
Fourth Amendment ,
Location Data ,
Popular ,
Reasonable Expectation of Privacy ,
SCOTUS ,
Search & Seizure ,
Stored Communications Act ,
Third-Party Service Provider ,
Warrantless Searches
Federal acquisition officials recently finalized an interim rule intended to remove contractors with federal tax liabilities and felony convictions from the federal contracting arena. The interim rule, which took effect...more
10/7/2016
/ C-Corporation ,
Construction Industry ,
Disclosure Requirements ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Felonies ,
Interim Rule ,
Joint Venture ,
Limited Liability Company (LLC) ,
Partnerships ,
Professional Corporation ,
Reporting Requirements ,
S-Corporation ,
Tax Liability
The constitutionality of small business programs has been a significant topic of debate over the past few years. The U. S. Court of Appeals for the D.C. Circuit recently upheld the constitutionality of the Small Business...more