As 2025 draws to a close, both the Armed Services Board of Contract Appeals (ASBCA) and the Civilian Board of Contract Appeals (CBCA) have released their annual reports for fiscal year 2025. Together, these reports offer valuable insights into contract dispute trends, case outcomes, use of alternative dispute resolution (ADR), and broader developments practitioners and
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
The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report (PDF). As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters continued to receive some form of relief from the procuring agency in more than half of the protests filed with the GAO in
On November 25, 2025, the Department of State announced an agreement of up to $150 million with Zipline International Inc. to expand access to life-saving medical supplies across Côte d’Ivoire, Ghana, Kenya, Nigeria, and Rwanda. According to the fact sheet on Zipline’s website: “Zipline designs, manufactures, and operates the world’s largest and most experienced
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
The Small Business Administration’s (SBA) ostensible subcontractor rule remains one of the most consequential — and misunderstood — affiliation principles in federal procurement. For small businesses pursuing set-aside contracts, failing to navigate this rule properly can result in bid protests, loss of eligibility, and even contract termination.
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In a recent decision, the Civilian Board of Contract Appeals (CBCA) held that contractors performing loan-servicing work for the Department of Education are entitled to reimbursement for increased labor costs resulting from federal minimum wage and paid sick leave mandates. The ruling clarifies that such adjustments are permissible even under fixed-price contracts when the
Government shutdowns create unique challenges for federal contractors — especially when performance obligations collide with halted agency operations, furloughed contracting officers, and disrupted oversight. One often-overlooked risk during these periods is the potential for negative Contractor Performance Assessment Reporting System (CPARS) evaluations. As outlined at FAR 42.1503(b)(2), agencies review contractor performance across a variety
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
Government contractors often focus on federal procurement opportunities, which are governed by the Federal Acquisition Regulation (FAR) regime. However, the state-level procurement landscape presents a distinct — and often less uniform — set of rules, risks, and opportunities. For businesses expanding into state or local markets, understanding these structural and procedural differences is essential.