Bradley is pleased to announce the publication of GovCon Source, the firm’s newest blog covering legal developments in government contracts and bid protests. This new blog will be the new home for government contracts information and will no longer be a regularly reported topic on the firm’s BuildSmart blog.
The GovCon Source blog discusses
The usual measure of damages for breach of a construction contract is the cost to repair the defects or finish the incomplete work. But what if the cost to repair or compete is grossly disproportionate to the value that the additional work would create? In that case, some courts will instead measure damages based on diminution
A recent Government Accountability Office (GAO) bid protest decision highlights a recurring issue in federal procurements: Agencies often take corrective action, but reevaluation errors can still lead to a sustained protest. In N&S Property Services, LLC, GAO sustained a second protest after corrective action, finding that the agency’s evaluation was unreasonable, poorly documented, and
A recent order from the Civilian Board of Contract Appeals in Zhang v. General Services Administration offers important guidance on the scope of discovery obligations in federal contract disputes — particularly where responsive records are held not by the respondent agency, but by a separate federal entity.
The decision merits attention for its analysis of
For government contractors, receiving a Civil Investigative Demand (CID) can be unsettling. A CID often signals that the Department of Justice (DOJ) or another federal agency is investigating potential violations of the False Claims Act (FCA) or other federal statutes. While a CID is not a formal lawsuit or finding of wrongdoing, how a contractor
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
Other Transaction Authority (OTA) agreements have become one of the most important — and most misunderstood — vehicles for doing business with the federal government. Once limited to niche research programs, OTAs are now widely used across the Department of Defense and civilian agencies to accelerate acquisition of emerging technologies, prototypes, and innovative capabilities.
For
The Spearin doctrine is alive and well in Maryland. Pursuant to that doctrine, owners who provide plans and specifications to a contractor impliedly warrant that information and may be responsible if that information is defective. Last week, a Maryland appeals court applied the century-old Spearin doctrine to affirm a trial court victory for Balfour Beatty
On May 14, 2026, the Supreme Court unanimously held in Jules v. Andre Balazs Properties that when a federal court stays claims pending arbitration under Section 3 of the Federal Arbitration Act, it retains jurisdiction to confirm or vacate the resulting award under Sections 9 and 10. 608 U.S. —, 2026 WL 1336216 (May 14
A recent decision from the Federal Aviation Administration’s Office of Dispute Resolution for Acquisition (ODRA) delivers significant rulings on two fronts: the unenforceability of contractual bid protest bars in FAA procurements, and the FAA’s renewed commitment to transparency in its adjudicative proceedings. Protest of Cavan Solutions, 2026 WL 1284037 (O.D.R.A. 2026), is required reading