Construction Developments

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

In Georgia, Rely on an Affiliate’s or Individual’s General Contractor’s License at Your Own PerilOn May 5, 2020, the Georgia Court of Appeals affirmed a trial court summary judgment ruling dismissing a residential contractor’s claims against an owner because the contractor was not properly licensed. In LFR Investments, LLC v. Van Sant, after being terminated by the property owner, a homebuilder brought claims for breach of contract and

David K. Taylor
Bradley Arant Boult Cummings, Nashville, TN
dtaylor@bradley.com

615-252-2396

Do We Still Need Retainage?

There have been debates for years about the pros and cons of owners withholding retainage (usually 5% or 10%, depending on each state’s retainage laws or local “industry standard”) from prime contractors. Typically, the primes will, in turn, withhold retainage from all subcontractors. However,

2020 Construction Planning in the Wake of COVID-19The COVID-19 pandemic swiftly eroded recent gains in the U.S. and world economies and has exposed economic and societal vulnerabilities that many believed, or at least hoped, would never come to light. There’s no doubt the virus is negatively affecting the economy, American workers and families. Although construction has been deemed “essential” to one degree

Warranties: They Protect You Until They Don’tMost construction contracts include express warranties. A contractor, subcontractor, or vendor may warrant its work or materials on a project for a period of time after the completion of its work or delivery of its materials. The parties to a construction contract will often negotiate the extent and length of this warranty period. But, what

Disclaiming Implied Warranties in New Home ContractsIn many states, the implied warranties of workmanship and habitability automatically attach to contracts between builder-vendors and new home buyers.  Builder-vendors are defined as “persons or entities engaged in constructing homes on real estate they own for sale to the home buying market.” These implied warranties provide a guarantee against certain structural defects not otherwise

Two Emails Don’t Always Equal One Contract: Contracts in the World of COVID-19The coronavirus (COVID-19) has changed many of our personal and professional lives. This includes working from home and increased communication by email. During this time, many business decisions will be made through email, including entering into contracts. Owners, developers, and contractors should be aware of the pitfalls associated with negotiating contracts by email. While released

Can You Challenge a CPAR Evaluation in a Bid Protest?Technically, no. However, when the contractor is protesting the award of a contract for the same agency that issued the unfavorable Contractor Performance Evaluation Report (CPAR), the contractor may have some success arguing that there was a conflict of interest.

In a very recent decision, the Court of Federal Claims dismissed most of the claims

CPARS Evaluations: Are You Stuck with What You Get?Part 42.15 of the FAR entitles federal contractors to submit comments and receive agency review of an unfavorable performance evaluation in the Contractor Performance Assessment Reporting System (CPARS). If the contractor’s rebuttal is unsuccessful, the contractor may challenge the CPARS rating by submitting a claim to the contracting officer (CO) under the Contract Disputes Act.