In today’s market, contractors often find themselves playing The Price is Right when bidding material costs — trying to hit the number just right without going over. But with new…
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2nd Circuit Holds Arbitration Treaty Trumps State Insurance Law
On May 8, the Second Circuit held that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards trumps a Louisiana state law barring arbitration of insurance…
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures. For the next state in this series, we focus on the protest process in Utah.
What…
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures. For the next state in this series, we focus on the bid protest procedures in Arizona.…
In Nevada’s competitive public procurement landscape, contractors and vendors invest substantial time and resources to secure government contracts. When a bid is unsuccessful — especially when there’s a suspicion of…

Competitive Range Determination Violated the FAR, Court Finds
The U.S. Court of Federal Claims recently issued a significant opinion in Gemini Tech Servs., LLC v. United States, holding that the Army’s failure to follow required procedures under…

How to Become a U.S. Government Contractor: A Legal Guide to the Basics
For many businesses, contracting with the U.S. government represents a significant opportunity for stable and often long-term revenue. However, doing business with the federal government comes with unique requirements, procedures…
In a cautionary decision that reinforces the importance of strict compliance with solicitation instructions, the Government Accountability Office (GAO) recently denied in part and dismissed in part a protest challenging…

Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards
“Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to…
The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal…
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.