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 mechanic’s lien filing creates an immediate cloud on title causing substantial impacts to owners of real property and other parties to a construction contract. Frequently, owners or prime contractors may be required to...more
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has been heavily focused on construction projects since 2020. On Thursday, April 25th, OFCCP designated 16 federally funded construction...more
Addressing Commentor Concerns Davis-Bacon Act The Department of Labor received several comments in response to the proposal for changes to the Davis-Bacon Act. Many commenters expressed support for the proposal while others...more
For the first time in 40 years, the Department of Labor (DOL) updated its interpretation and implementation of the Davis-Bacon and Related Acts in new final rules. DOL’s new final rules concerning the prevailing wages and...more
Most subcontracts include a flow through provision (also called flow down and incorporation clauses) stating that the subcontractor and contractor are bound by the same obligations as set forth in the prime contract between...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
OFCCP has launch its Mega Construction Project (Megaproject) Program, intended to increase compliance attention on and provide compliance assistance to federal construction contractors with federally funded projects valued at...more
Here’s the Scenario: Try explaining the concept of “retainage” to a businessperson unfamiliar with the construction industry at your next holiday party. Here’s the typical response as she spits out her eggnog: “Wait a minute:...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
After months of working with a new developer client (and providing hours of unreimbursed value engineering) and hard negotiations over the cost plus GMP contract (fighting over indemnity/escalation/savings/liquidated damage...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
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...more
Author(s) Sydney M. Warren In one of its recent opinions, Kellogg Brown & Root Services, Inc. v. Sec’y of the Army, the Federal Circuit issued new guidance on what contractors must show to prove the reasonableness of costs...more
As the 80th Session of the Nevada Legislature comes to an end, so too do the days of broad and sometimes confusing restraints against multiple general contractors working together on complex construction projects. Under NRS...more
Rad and D’Aprile, Inc. v. Arnell Construction Corp, No. 502464/14, 2019 BL 131606 (NY. Sup. Ct. April 3, 2019) - In June of 2001, Arnell Construction Corp. (“Arnell”) entered into a prime contract to build two sanitation...more
Contracting with the federal government on construction projects involves challenges and risks for even the most experienced contractors. In this seminar, federal construction contracting attorneys Michael Payne and Bob...more
Connelly Constr. Corp. v. Travelers Cas. & Surety Co. of Am., 2018 U.S. Dist. LEXIS 123009 (E.D. Pa. July 24, 2018). The Commonwealth of Pennsylvania Department of General Services undertook a project for the construction...more
On September 13, 2017 the California Legislature passed Assembly Bill No. 1701, which requires the General Contractor of a private construction project to pay all unpaid wages and fringe benefits owed to an employee of a...more