How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association…
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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…

California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies
In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work…

FAR Council Issues Final Rule on Accelerated Payments to Small Businesses
The Federal Acquisition Regulation (FAR) Council recently published a final rule to implement a policy that provides for accelerated payments to small business prime contractors and small business subcontractors. This…

The False Claims Act in 2022: A Government Enforcement Update
As with recent years, government contractors were the target of many False Claims Act (FCA) investigations, settlements, and judgments in 2022. Notably, an area that the federal government was particularly…

COVID-19 May Be Over, but Fight Over the Federal Contractor Vaccine Mandate Is Not
On January 30, 2023, the Biden administration stated that it intends to extend the previously declared COVID-19 national emergency and the separately declared public health emergency until May 11, 2023…

It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory Parents
A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract.

Prime Contractor Beware, No. 3: Tis The Season, but is your Retainage safe under the Tree?
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…
On November 8, 2022, the Department of Defense (DOD) issued a memorandum that provides details on a pilot program that allows government contractors owned 100% by an S-corporation employee stock…

SBA to Increase Size Standards and Program Thresholds Due to Inflation
The U.S. Small Business Administration (SBA) recently published a final rule on its 2019 interim final rule that adjusted monetary-based industry size standards (i.e., receipts- and assets based) for inflation…
The Construction Practice Group
The members of the Bradley Construction & Procurement Practice Group have spent decades representing a broad range of construction industry clients around the country and the world, providing a wealth of practical, hands-on business and legal experience to develop solutions for the challenges our clients confront every day.