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Government Contracting Alternative Dispute Resolution (ADR) Construction

Read Government Contracting Law updates, articles, and legal commentary from leading lawyers and law firms:

Eighth Circuit Holds That A Motion To Dismiss Based On An Arbitration Clause Is Not A Challenge To The Court’s Jurisdiction

by Carlton Fields on

A municipality sued the company that constructed its water treatment facility, in connection with contaminants found in the water supply. The parties had entered into a series of agreements which contained choice of law and...more

Arbitration Award Ruling That, Because of Cultural Differences, a Local Afghan Subcontractor Is Not Bound by the F.A.R. Provisions...

by Pepper Hamilton LLP on

Aspic Eng’g & Constr. Co. v. ECC Centcom Constructors, LLC, No. 17-cv-00224-YGR, 2017 U.S. Dist. LEXIS 111767, at *10-12 (N.D. Cal. July 18, 2017) - This matter came before the Court on a motion to vacate a final...more

My Roof, My Rules: Arbitrators May Determine Their Own Jurisdiction When the Parties Delegate that Authority

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

D.C. Federal Court Declines to Enjoin Arbitration Because the Arbitrator Could Issue Any Equitable Relief Required, the Integrity...

by Pepper Hamilton LLP on

TK Servs., Inc. v. RWD Consulting, LLC, 2017 U.S. Dist. Lexis 97239 (D.D.C., June 23, 2017) - This litigation arose from a dispute between TK Services, Inc. (“TKS”), as sub-subcontractor, and RWD Consulting, LLC (“RWD”),...more

Fourth Circuit Affirms Dismissal of Contractor’s Complaint, Declining to Create ‘Ultra Vires’ or ‘Bias’ Exceptions to the...

by Pepper Hamilton LLP on

Balfour Beatty Infrastructure, Inc. v. Mayor and City Council of Baltimore, 2017 U.S. App. Lexis 7252 (4th Cir., April 25, 2017) - The United States Court of Appeals for the Fourth Circuit recently addressed whether the...more

Second Circuit Finds Arbitrator Did Not Commit A Manifest Disregard Of The Law In Dispute Over Construction Work At The Whitestone...

by Carlton Fields on

In a dispute between a construction company hired by New York State to replace a portion of the Whitestone Bridge and a steel company regarding the timeliness of certain deliveries related to the project, the Second Circuit...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

Under Construction - December 2016

by Snell & Wilmer on

Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with...more

Arbitration Clause Requiring Arbitrators to Render a Decision within 30 Days from Their Appointment? Superfast Decision?

Ever wonder about a superfast arbitration procedure in a contract that you have been given? An arbitration clause requiring an arbitration panel to issue a decision within 30 days of being selected for the panel was recently...more

The Construct - November 2016

In This Issue: - Election 2016: Where the Candidates Stand on Issues Affecting the Construction Industry: Here we are. The rollercoaster 2016 election ends tomorrow. Millions of Americans have voted already. Polls...more

Nationwide Injunction Issued Against Fair Pay and Safe Workplaces Reporting Requirements and Arbitration Agreement Restrictions

by Holland & Knight LLP on

Late Monday evening, just before the FAR Final Rule and DOL Guidance on the Fair Pay and Safe Workplaces Executive Order (FPSWP) were set to take effect, a federal district judge in Texas enjoined the implementation of the...more

District Court Refuses To Bind Surety To Subcontract Arbitration Clause

by Carlton Fields on

An engineering company was hired to perform work in connection with construction and renovation of the South African Embassy, and subcontracted for sheet metal work with a third party. The subcontract contained an arbitration...more

What Federal Contractors Need to Know to Comply With Fair Pay & Safe Workplaces Rule

by Stinson Leonard Street on

On August 25, 2016, the federal government implemented Executive Order 13673, first put forth by the Obama Administration in 2014.Officially known as the Fair Pay & Safe Workplaces rule, and more commonly referred to as the...more

Taking a Closer Look at the New Federal Contractor "Blacklisting" Obligations

by Littler on

On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more

JAMS Global Construction Solutions Newsletter, Spring 2016

by JAMS on

Spearin Lite? The Limited Implied Warranty in a Construction Management at Risk Project - We are all familiar with the Spearin doctrine: In the classic design-bid-build project delivery system, an owner furnishes...more

Connecticut Supreme Court Upholds Jurisdiction of Arbitration Panel for Claims Arising on Public Works Construction

by Robinson & Cole LLP on

The Connecticut Supreme Court recently issued an important decision confirming the rights of design professionals, construction managers, and contractors to assert claims under contracts with the state. The decision also...more

Construction Law Advisory - August 2015

Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more

ICSID Tribunal Orders Claimants to Disclose Details of Third-Party Funder

by DLA Piper on

In what appears to be the first decision of its kind, an ICSID tribunal in the case of Muhammet Çap & Sehil Insaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan has ordered the claimants in the proceedings to disclose the...more

Court Remands Arbitration Award For Further Clarification Where Rationale Was Not Given

by Carlton Fields on

In a case involving a dispute over steel production to replace a portion of the Whitestone Bridge spanning New York City’s East River, a federal district court remanded an arbitration award back to the arbitrator. Under the...more

Stop, Think, and Be Careful What You Ask For: Lessons and Opportunities Created by Recent Arbitration Ruling

by Polsinelli on

On April 21, 2015, the Missouri Court of Appeals in City of Chesterfield v. Frederich Construction Inc. upheld an arbitration award that included substantial attorneys' fees to the prevailing party, in a construction case...more

Construction Case Law Update - January 2015

by Carlton Fields on

“Reduction in Force” Employment Discrimination by Federal Contractors – “In situations involving a reduction in force, a modified prima facie formulation may apply, which allows a case of discrimination to be established by...more

Rules of the Road Change for Government Contractors

by BakerHostetler on

On July 31, 2014, with a stroke of his pen, President Obama promulgated new rules targeting government contractors who commit “serious,” “repeated,” “willful” and “pervasive” violations of laws regulating the workplace. The...more

Executive Order Creates New Disclosure Obligations for Government Contractors: Once Implemented, the Order Will Fundamentally...

by Holland & Knight LLP on

The July 31, 2014, executive order, "Fair Pay and Safe Workplaces," introduces a broad federal contractor reporting scheme that alters the relationship between prime and subcontractors, creates an obligation for contracting...more

Fla. Case Provides Practicum On Arbitrability

by Carlton Fields on

The Middle District of Florida recently, in U.S. Surety Co. v. Edgar, provided a practicum on arbitrability jurisprudence under the Federal Arbitration Act, answering key questions about (1) whether nonsignatories to an...more

The Projects and Construction Review, Chapter 22 "Italy"

by K&L Gates LLP on

The current state of Italian project finance is the result of a trend initiated more than 20 years ago, when public resources started to become scarce and the construction or infrastructure needed private funds to be carried...more

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