The Boldt v. Black & Veatch saga continues. As you may recall, the dispute involves a 60-turbine wind farm in Good Hope, Illinois. The general contractor, Black & Veatch, terminated its subcontractor Boldt for delays installing the turbines. Boldt claimed the delays were excusable and filed suit for wrongful termination. Black & Veatch counterclaimed for
A cure notice is one of the most serious warning signs a government contractor can receive. While it is not yet a termination, it is often the final step before the government moves to terminate a contract for default — an outcome that can have significant financial and reputational consequences, including potential impacts on future
A California appeals court has upheld a $5 million award in favor of Whiting-Turner Contracting Company and against the owner of a 12-story, Virgin-brand hotel in San Francisco. Whiting-Turner agreed to construct the hotel for a guaranteed maximum price of $36 million pursuant to a modified AIA standard form agreement and general conditions. The contract called
Here at Bradley we frequently represent clients pursuing or opposing claims for lost productivity on construction jobs. The gist of those claims is that something happened which decreased productivity and thereby increased costs. That something can be just about anything. Differing site conditions. Unreasonable or conflicting instructions. A global pandemic. Lost productivity claims seek to reallocate costs
An Illinois federal court ruled in favor of steel subcontractor Nucor in its contract dispute with Direct Steel. The project involved the construction of pre-engineering metal buildings for the Army Corps of Engineers. The general contractor, Direct Steel, subcontracted with Nucor for the supply of steel materials. The contract included a “Must Ship By Date” of May 29
As the coronavirus pandemic’s devastating impacts continue to evolve, governments at all levels (local, state and federal) are taking various measures to respond to the virus outbreak. Several governors and mayors have issued orders shutting down certain business operations while others are focusing more on non-business activities. Owners, contractors, vendors and suppliers are asking whether
NASA announced on March 17, 2020, that, “[e]ffective immediately, all [NASA] employees and contractors will move to mandatory telework until further notice” as a result of the COVID-19 (the coronavirus) pandemic, and that only “[m]ission-essential personnel” will be “granted access onsite.” In light of this development, government contractors performing work under NASA contracts that
Since our last article, fear of the coronavirus (COVID-19) continues to spread as rapidly as the disease itself. Within the last few days, President Trump declared a national emergency and announced the steps the Executive Office is taking to respond to the outbreak. The virus and the efforts taken to prevent its proliferation are
With the recent and rapid spread of COVID-19 in the United States, it is only a matter of time before government contractors experience contract-performance delays — whether ordered by the government or not — that inevitably will have a significant financial impact. Accordingly, federal contractors should prepare now for COVID-19-related contract delays and be prepared