Most legally enforceable contracts are formed the old-fashioned way: offer and acceptance. Courts will sometimes enforce promises without traditional offer and acceptance where one party has justifiably relied on the other party’s promise. This alternative route to contract formation is called promissory estoppel. While the law varies from state-to-state, prevailing on promissory estoppel theory normally requires
The Eighth Circuit Court of Appeals has affirmed a jury verdict finding that a developer and its founder defrauded a contractor by misrepresenting the availability of construction funding. See Selective Ins. Co. of Am. v. Heritage Const. Cos. et al, Case No. 24-2333, 2026 WL 263591 (D. Minn. Feb. 2, 2026). The case involves construction of a
When injuries occur on public roadways, plaintiffs often look beyond the immediate parties and sue the engineers and contractors who designed or built the roadway. Many states have statutes that attempt to shield those parties from liability. Whether immunity attaches in a given case is often a matter of statutory interpretation. For example, in Texas
A contract is an exchange of promises that a court will enforce. In the fast-paced world of construction, disputes often arise over whether the parties actually formed a legally enforceable contract. The general rule is that to form a contract the parties must reach a meeting of the minds on the contract’s essential terms. Whether there is
Most construction contracts include a provision stating that the contractor or subcontractor is an independent contractor and not an employee of the owner or contractor. That should settle the matter, right? Wrong. Depending on the context and jurisdiction, such contractual provisions may mean little or nothing at all.
In 2024, the Minnesota Legislature passed a
The Department of Justice recently announced that Georgia Tech Research Corporation (GTRC) has agreed to pay $875,000 to resolve allegations that it violated the False Claims Act by failing to meet required cybersecurity standards in connection with contracts with the U.S. Air Force and the Defense Advanced Research Projects Agency (DARPA).
In light of this
The Federal Acquisition Regulation (FAR) is often described as the “bible” of federal procurement. For decades, it has governed how agencies acquire goods and services, and how contractors compete for, win, and perform government contracts. While incremental updates are common, the federal procurement community is now bracing for the implementation of an effort describing itself
With the possibility of a government shutdown looming, federal contractors are rightfully concerned about how such an event could affect their contracts. Work stoppages, closed government facilities, and furloughed contracting officers can all disrupt contract performance. Fortunately, contractors may have legal avenues to recover certain costs and/or seek schedule relief when a shutdown impacts their
As Congress continues to grapple with budget deadlines, the possibility of a government shutdown is never far from the minds of federal contractors. Unlike many federal employees, who may be furloughed with back pay authorized by Congress, government contractors often bear the brunt of shutdowns in the form of stopped work, delayed payments, or even