The Armed Services Board of Contract Appeals (ASBCA), in the case of StructSure Projects, Inc., recently granted COVID-19-related costs to a contractor under a fixed-price contract. The key facts, holdings, and takeaways from this noteworthy case are discussed below.
The government awarded the contractor a fixed-price task order for design and alteration
In December 2021, President Biden signed the UFLPA into law to restrict the import of goods mined, produced, or manufactured, in whole or in part, using forced labor from the Xinjiang Uygur Autonomous Region (XUAR), which we discussed here. A key feature of the law was its focus on polysilicon imports as a high-priority
The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration before the International Chamber of Commerce (ICC) stemming from the design and construction of the Panama Canal expansion, which was “severely delayed and
The Alabama Legislature recently made several changes to requirements for public works projects that go into effect September 1, 2023. Here’s a summary of the notable changes:
Section 39-1-1 mandates that a contractor performing public works furnish a performance bond equal to 100% of the contract price and a payment bond equal to
Earlier this month, the State of Washington Court of Appeals affirmed a $150 million jury verdict against subcontractors involved in the disassembly of a tower crane that collapsed in 2019. The collapse, which was caught on video, killed four people and injured five. The Washington court’s recent opinion is notable for its detailed explanation of what
Who said legal opinions have to be boring? Not Judge Terrence L. Michael of the U.S. Bankruptcy Court for the Northern District of Oklahoma, who last week issued a colorful opinion rejecting a home builder’s creative claim for breach of contract damages. Here’s what happened:
The builder, Executive Homes, and the buyers, David and Gloria Potts
Every first year law student in the U.S. takes a course on the Law of Contracts. It’s a rite of passage where lawyers-to-be learn all about things like consideration and legally-enforceable promises. And as lawyers, we also learn that there are generally-accepted rules on how to interpret contracts. Some of those rules even have fancy Latin
A federal court in Louisiana last week refused to enforce a limitation of liability provision included in an extra work order holding that it was trumped by the parties’ subcontract (see Planet Construction v. Gemini Insurance, 2023 WL 4675387 (W.D. La. July 20, 2023)). Planet Construction was the general contractor hired to construct the
The adoption of predictive maintenance (PM), an artificial intelligence (AI) driven strategy that anticipates potential equipment failures using Internet of Things (IoT) sensors, holds immense promise for the construction industry. In a previous post, we analyzed the current and future opportunities for PM in construction, including avoiding expensive and dangerous equipment failure, increasing worker
The U.S. Small Business Administration (SBA) recently issued a rule that finalizes, without change, the SBA’s November 17, 2022 interim provisions that adjusted monetary-based industry size standards (i.e., receipts-and assets-based) for inflation.
Specifically, this rule finalizes the following three interim final actions, which Bradley previously reported on: