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Prime Contractor Construction Contracts

Venable LLP

Federal Subcontractors Beware: The Workshare Provision in Your Subcontract May Not Apply When the Government Increases the Value...

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A recent decision from the Court of Appeals of Virginia may have companies doublechecking the workshare terms in their subcontracts. The Court held that a subcontractor's 40 percent workshare only applied to the $70 million...more

PilieroMazza PLLC

[Webinar] Common Scenarios Triggering False Claims Act Violations, Part 2: Construction and Workforce Issues - June 27th, 2:00 pm...

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In the second installment of our three-part webinar series, join PilieroMazza’s Matt Feinberg, Jessica duHoffmann, and Sarah Nash as they explore common FCA triggers often encountered by federal construction contractors and...more

PilieroMazza PLLC

Terms and Conditions vs. Contract Clauses: Which Language Applies to Government Contract Disputes?

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Determining which language applies to a contract dispute is critical to any contractor seeking to recover costs through the claims and appeals process. Recently, through a series of appeals before the Civilian Board of...more

Smith Anderson

Major Changes Now in Effect to Davis-Bacon and Related Acts

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For the first time in almost 40 years, the U.S. Department of Labor (“DOL”) has finalized comprehensive changes to regulations covering the Davis-Bacon Act (“DBA”) and 70 “DBA Related Acts,” federal wage regulations that...more

Venable LLP

Federal Contractors and Subcontractors May Want to Double-Check the Liability Caps in Their Agreements After This Court Decision

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When two companies negotiate a subcontract in support of a federal government prime contract ("federal subcontract"), they may include provisions capping their liability to each other at specific amounts. In structuring such...more

PilieroMazza PLLC

Construction Contractor Wins COVID-Related Construction Claim on Appeal: Lessons Learned

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Since the beginning of the pandemic, boards and courts have denied a vast majority of construction claims seeking pandemic-related costs under fixed-price contracts. In this blog, PilieroMazza summarizes a recent claim where...more

McCarter & English Blog: Government Contracts...

Ostensible Clarity: SBA Rule Addresses Ostensible Subcontractor Rule in General Construction Contracts and DoverStaffing Factors

In a previous post, we mentioned the April 27, 2023 Small Business Administration (SBA) Final Rule, which made a number of revisions to the Small Business Regulations. A few of those revisions relate to the Ostensible...more

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: Ostensible Subcontractor Rule ‎

On April 27th, the U.S. Small Business Administration (SBA) published a final rule making changes to the regulations governing its 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the SBA...more

Bradley Arant Boult Cummings LLP

Incorporation Clauses: Does the Subcontractor Really Assume All Obligations of the Prime Contractor?

Many subcontracts contain a catch-all provision requiring the subcontractor to do everything the prime contractor is obligated to do under the prime contract. This is known as an “incorporation” clause because it adopts or...more

Bradley Arant Boult Cummings LLP

Don’t Overlook Your Subcontracts on Federal Projects

The Armed Services Board of Contract Appeals’ (“ASBCA or “Board”) decision in Fluor Intercontinental, Inc., serves as an important reminder to prime contractors to be cognizant of the clauses they include in subcontracts for...more

Bradley Arant Boult Cummings LLP

NDAA Section 822 – Contractors Should Act Now to Seek Relief

On December 23, 2022, President Joseph R. Biden signed into law the 2023 National Defense Authorization Act (NDAA) as Public Law No. 117-7776, which included Section 822: “Modification of Contracts to Provide Extraordinary...more

Adams and Reese LLP

Key Provisions for Every Subcontractor Agreement

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When prime contractors and subcontractors do business together, success is reliant upon clear, effective communication. And that communication starts with the contract. Both parties must be aware of their responsibilities and...more

Bradley Arant Boult Cummings LLP

Accord and Satisfaction: To Release, or Not Release? That is the Question.

Generally, an “accord and satisfaction” is an agreement between two or more contracting parties to accept an alternate agreement and performance in lieu of a preexisting contractual duty between the parties. The new agreement...more

Bradley Arant Boult Cummings LLP

Prime Contractor Beware, No. 2: “Know Thy Owner”

Here’s the Scenario: After months of working with a new national developer (and providing hours of unreimbursed value engineering), you get the draft prime contract and see that the named “owner” will not be the hugely...more

PilieroMazza PLLC

[Webinar] Update on DOT’s DBE Program for Construction Contractors - October 19th, 2:00 pm - 3:00 pm ET

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With both the Infrastructure Act and the Inflation Reduction Act bringing billions of dollars in new funding to state and local infrastructure projects, the contracting community is focusing its attention on DOT’s...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP opens portal for construction contract awards

The requirement is not new, but the process is. On Friday, the Office of Federal Contract Compliance Programs launched the Notification of Construction Contract Award Portal or NCAP, which provides an online mechanism...more

Venable LLP

Even Federal Contractors and Subcontractors Should Pay Heed to State Law on Conditional Payment Clauses

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​​​​​​​The Virginia legislature recently took a broad step toward limiting the use of certain common clauses in construction subcontracts. This new legislation, effective January 1, 2023, amends the state's Prompt Payment Act...more

Dorsey & Whitney LLP

DOJ Announces $2.8 Million Settlement with Construction Company Over SDVOSB Set Asides, Further Fallout From DOJ’s Settlement with...

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On Friday, May 13, 2022, the Department of Justice announced that it reached a settlement with Hensel Phelps Construction Company (“Hensel Phelps”) over allegations that the company had, in violation of the False Claims Act,...more

Cohen Seglias Pallas Greenhall & Furman PC

Haven’t Been Paid? Preserve Your Rights Under the Miller Act

One of the most common issues subcontractors face is non-payment. Sometimes subcontractors have a positive relationship with the prime contractor and resolve the issue amicably. However, when the parties cannot reach an...more

Williams Mullen

New Virginia Prompt Payment Statutes Invalidate Most 'Pay When Paid' Clauses

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On April 27, 2022, the Virginia General Assembly passed Senate Bill 550, which makes “pay when paid” and “pay if paid” clauses unenforceable in most circumstances and requires both public and private construction contracts to...more

Bradley Arant Boult Cummings LLP

What Is the Severin Doctrine, and Why Is it Important?

Generally, the government has immunity from being sued with some exceptions grounded in statute or case law. Having a contract with the federal government is one such exception, and an interrelated exception falls under the...more

PilieroMazza PLLC

Construction Webinar Series: Building Compliance: Construction Industry Concerns Under FCA

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The Department of Justice settled and obtained judgments in excess of $2.2 billion for false claims against the government last year. And the False Claims Act (FCA) remains an effective enforcement tool about which federal...more

PilieroMazza PLLC

BREAKING: SBA to Suspend Bona Fide Place of Business Requirements for 8(a) Construction Contracts, Effective Immediately

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Bibi Hidalgo, the Associate Administrator for SBA’s Office of Government Contracting and Business Development, just announced during her keynote address at the National 8(a) Association Alaska Regional Conference that SBA...more

PilieroMazza PLLC

[Webinar] Construction Series: Building Compliance: Construction Industry Concerns Under FCA - November 9th, 2:00 pm - 3:00 pm ET

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The Department of Justice settled and obtained judgments in excess of $2.2 billion for false claims against the government last year. And the False Claims Act (FCA) remains an effective enforcement tool about which federal...more

Porter Hedges LLP

Top Five Construction Contract Modifications To Comply With Texas Law

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Texas law has certain peculiarities which must be followed when a project is located in Texas. To avoid surprises and unanticipated liability on construction projects, the parties should modify contracts consistent with...more

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