News & Analysis as of

Contaminated Properties Federal Contractors

Davis Wright Tremaine LLP

U.S. Reversed on 100% Allocation to Contractor

The Ninth Circuit Court of Appeals has reversed a district court decision allocating 100% of CERCLA response to costs to a U.S. military contractor, where both the U.S. and the contractor were liable parties. TDY Holdings,...more

Bass, Berry & Sims PLC

Court Rejects Cap on FCA Damages for Allegations of Subcontracting Plan Fraud

Bass, Berry & Sims PLC on

Last month, the U.S. District Court for the Eastern District of Washington denied a motion to limit damages against a government contractor, United States ex rel. Savage v. Washington Closure Hanford LLC, where the government...more

Gray Reed

When is an Unforeseen Condition a “Differing Site Condition”?

Gray Reed on

Many construction contracts contain some version of a “differing site conditions” clause. It is found in the current version of AIA’s A201 general conditions, as well as in the EJCDC equivalent. It also appears in most...more

Troutman Pepper

Supreme Court of Pennsylvania Holds That Under Prompt Payment Act, Imposition of Penalty and Attorneys’ Fees Is Discretionary, Not...

Troutman Pepper on

Scott Enters., Inc. v. City of Allentown, 2016 Pa. LEXIS 1503 (Pa. July 19, 2016) - The Supreme Court of Pennsylvania reversed an order of the Commonwealth Court and held that the prompt payment provisions of the...more

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