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Public Projects Construction Project Contract Disputes

Offit Kurman

How should construction contracts approach potential tariffs?

Offit Kurman on

As an initial primer: tariffs typically work as a tax, charged on goods purchased and imported to the United States from a foreign country. The tariff is charged as a percentage on the price paid for the foreign good. Tariffs...more

Buchalter

Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs

Buchalter on

Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to...more

Farrell Fritz, P.C.

Expect Careful Scrutiny of Contractually Shortened Statutes of Limitations

Farrell Fritz, P.C. on

The statutes of limitations set forth in the CPLR are default rules, and parties generally are free to modify default rules by agreement.  But statutes of limitations also further the important public interests, such as...more

Buchalter

No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

Buchalter on

If you are left in the dark about something, you don’t have the information you should have to make an informed decision. Delay claims on a construction can be confusing, especially when you think about the delay to the work...more

Stinson - Government Contracting Matters

Government’s Apparent Acquiescence Doesn’t Overcome “Plain” Contract Language

Despite “troubling” government conduct, the Armed Services Board of Contract Appeals (ASBCA) recently denied an appeal arising out of electrical work performed on a $38 million construction project involving the ground-up...more

Stinson - Government Contracting Matters

EAJA Provides Relief to Construction Contractor for Government’s Bad Actions

In Vet4U, LLC v. Department of Veterans Affairs, the Civilian Board of Contract Appeals awarded costs and attorney fees to the small business contractor that won its appeal pursuant to the Equal Access to Justice Act (EAJA),...more

Troutman Pepper Locke

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

Troutman Pepper Locke 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

Bradley Arant Boult Cummings LLP

Contractor Authority Over Means and Methods

A central principle of construction contracts is that, where a contractor (a) commits to construct in accordance with plans and specifications (b) provided by the owner (c) in exchange for payment of a firm, fixed price, the...more

Williams Mullen

When the Federal Govt acts badly, but not badly enough to show bad faith – what’s a contractor to do?

Williams Mullen on

In the prior issue of this newsletter, we included an article on the high standard of proof and the practical considerations for a federal government contractor claiming that the federal government acted in bad faith in its...more

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