Flow-Down Clauses in Federal Government Contracts - Tutorial 1 (Fundamentals)
Joint Venture Basics for Large and Small Contractors
Government Contractors: Preparing for OFCCP’s Affirmative Action Program Compliance Certification
Construction Webinar Series: Building Compliance: Construction Industry Concerns Under FCA
The Benefits of Commercial Item Contracting
Nonpayment of Subcontractors: Can Subcontractors Get Any Help From the Government?
Negotiating Subcontracts From Both Sides
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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