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Lee-Ann Brown focuses her practice on construction and government contracts. She represents general contractors, subcontractors, sureties, and owners, in both the prosecution and defense of claims on public and private construction projects. In her construction practice, she has represented and counseled contractors in cases involving federal and state Miller Act and Prompt Payment Act claims, complex contractual disputes, compliance concerns, litigation, settlement, and dismissal of claims. View articles by Lee-Ann.

In our companion posts, we looked at the quirks that make Virginia’s and Maryland’s mechanic’s lien laws unique. Cross the river again into Washington, D.C., and you land in a third system with its own personality. Washington, D.C.’s mechanic’s lien law borrows a little from each neighbor but lands closer to Virginia: It’s generally protective…

In our companion post, we looked at the quirks that make Virginia’s mechanic’s lien law unique. A link to that post is here. Just across the Potomac, Maryland’s version of the same tool is built on a completely different foundation. If you build, renovate, or supply materials on a Maryland project — or  own…

Every state gives contractors, subcontractors, and suppliers some form of lien right when they aren’t paid for work that improves real property. But Virginia’s version of this tool stands out from most other states in several important ways. If you do construction work in the Commonwealth — or own property that’s being built or renovated…

The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision of the Armed Services Board of Contract Appeals (ASBCA) denying a contractor’s differing site condition claim on a flood control project along the Trapp Canal in Jefferson Parish, Louisiana. Hamp’s Construction LLC v. Secretary of the Army, No. 2024-1528 (Fed. Cir.

The 11th Circuit Court of Appeals has affirmed an $80 million ruling in favor of Skanska USA and Granite Construction against their joint-venture partner Lane Construction. The case involves a $2.3 billion highway improvement project in Florida known as the “I-4 Ultimate Project,” a public-private partnership (or “P3”) project for the Florida Department of Transportation. The court…

In a recent decision, the Court of Federal Claims (COFC) ruled on bid protests filed by 12 construction companies challenging the implementation of a February 4, 2022, Executive Order 14063 that mandated the use of project labor agreements (PLAs). FAR Council implemented EO 14063 in January 2024, and it was the first executive mandate…

A recent decision from the U. S. District Court for the Middle District of Florida, is a MUST READ for any lawyer or construction executive involved with joint ventures (“JV’s”).  This decision provides a rare, detailed look into the contentious dynamics at play when JV relationships go bad.  The case also discusses how the relationships…

The Little Tucker Act Is Alive and WellMost government contract lawyers are already familiar with the Tucker Act (28 U.S.C. § 1491), which gives the U.S. Court of Federal Claims jurisdiction over many non-tort claims against the United States, including contract disputes, Fifth Amendment takings, tax refunds, and other matters. But another Tucker Act is often overlooked: the Little Tucker…

Absent Timely Revocation, Government Acceptance Is ConclusiveIn a recent decision, the Armed Services Board of Contract Appeals issued a summary judgment ruling in a case involving government claims relating to the contractor’s supply of thermal sight systems for armored vehicles. The government contended that some of the sights were defective while others were delivered late.

As to the allegedly defective…

Subcontractor Certification of Pass-Through Claim — Defective but CorrectableIn June, the Armed Services Board of Contract Appeals (ASBCA) addressed whether it had jurisdiction where a subcontractor pass-through claim was certified under the Contract Disputes Act (CDA) by the subcontractor’s president, not the prime contractor’s representative. In its motion to dismiss, the government argued that under the CDA, only the prime contractor could certify…