On November 22, 2024, the Department of Homeland Security (DHS) updated the Uyghur Forced Labor Prevention Act (UFLPA) Entity List to add 29 companies based out of the Peoples Republic of China bringing the total number of listed companies to 107. As we previously posted here and here, companies included on the UFLPA Entity
Don’t Put Too Much on Your Plate: Practical Advice for Thanksgiving (and Drafting a Complaint)
It’s that time of year again when we Americans stop and give thanks for all that has been provided to us by gathering with friends and family to gorge ourselves on food. The traditional Thanksgiving meal, at least where I am from, always includes certain core dishes: turkey, dressing, sweet potato casserole, and cranberry sauce. These staples…
Get the F*** Off My Site! Court Upholds Verbal Contract Termination
An Idaho court has confirmed an arbitration award for a general contractor who left a project and did not return after being told by the owner to “get the f*** off my site.” The case involves the construction of five buildings within 200 days. Dissatisfied with the contractor’s progress, the owner sent written notices demanding…
Contractor Successfully Recovers Costs Associated with Government-Mandated COVID-19-Related Quarantine
On October 2, 2024, the Armed Services Board of Contract Appeals released a copy of their opinion in Chugach Fed. Sols., Inc., ASBCA No. 62712, 2024 WL 4542405 (Oct. 2, 2024). In this case, the board found entitlement for an operations and maintenance contractor for complying with a government-mandated, 14-day quarantine at the start…
Alabama Supreme Court Overturns Directed Verdict in Workplace Injury Lawsuit
On November 8, 2024, in Marina v. Bama Reinforcing, LLC, the Alabama Supreme Court addressed a trial court’s directed verdict on an injured construction worker’s negligence action. The worker was employed as a concrete finisher by the contractor on the new FBI building being constructed at Redstone Arsenal outside of Huntsville, Alabama. While working…
The Power of Incorporation Compels You: Surety Succeeds in Compelling Contractor to Arbitrate Bond Claims Pursuant to Arbitration Clause in Subcontract
In Swinerton Builders, Inc. v. Argonaut Insurance Co., Swinerton Builders, a contractor, sued a surety on bond claims arising from defaults by its subcontractor on a series of work orders. The owner of Swinerton’s mechanical subcontractor on three projects passed away unexpectedly, and the subcontractor was unable to complete its remaining work on the…
GAO Sustains Protest Challenging Decision to Convert Competitive Bid Solicitation to Negotiated Procurement
In January 2023, the U.S. Army Corps of Engineers (USACE) issued an invitation for bids (IFB) for a dune and berm replenishment and renovation project along the New Jersey coast. The USACE received two sealed bids for the project, but both bids exceeded the independent government estimate (IGE) for the project by over $21 million.
ASBCA Deems Late-Asserted Jurisdictional Defense Forfeited
In Appeal of – JE Dunn Construction Co., the Armed Services Board of Contract Appeals considered and denied the government’s post-hearing motion to dismiss JE Dunn’s complaint for failure to submit sums certain for each of its three claims to the contracting officer. JE Dunn filed its appeal in January 2022 seeking damages related…
Substantial Performance v. Material Breach
All breaches are not created equal. A minor, technical breach may be deemed “immaterial.” Other breaches – so-called “material” breaches — deprive the non-breaching party of something important or essential to the purpose of the contract. Whether a breach is material or immaterial is normally a question for the finder of fact. The answer determines what remedy…
Solar Industry Group Releases New Standard for Solar Supply Chain Transparency
The Solar Energy Industries Association (SEIA), a leading solar industry group, recently published a new supply chain traceability standard, Standard 101, for public comment. The standard is intended to provide “a rubric that manufacturers and importers can follow to trace product origins from raw materials to finished goods.” With Standard 101, SEIA seeks to…