For construction lawyers, the Battle of the Forms presents a familiar fact pattern. A material supplier/seller provides a potential buyer with a price quote along with its standard terms. The buyer, usually a contractor or subcontractor, responds with a form purchase order that includes its own standard terms, which differ from the seller’s terms. The
When it comes to federal procurements, the Federal Aviation Administration (FAA) operates a little differently than most other agencies. Unlike other federal agencies that follow the Federal Acquisition Regulation (FAR), the FAA is governed by its own Acquisition Management System (AMS), which includes unique procedures for handling bid protests. At the heart of this process
Small businesses are the backbone of the U.S. economy, and the federal government offers a range of programs to support their growth — particularly in the realm of government contracting. One of the most strategic tools available to small firms is the U.S. Small Business Administration’s (SBA) Mentor-Protégé Program (MPP). This program can provide powerful
This is the first in a series of blog posts discussing lien requirements in states where we most frequently litigate and states with unique lien requirements. If you have any questions about filing liens, discharging or bonding off liens, or other lien requirements in these or other states, please do not hesitate to contact Aman
Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute
The general contractor on the 60-turbine wind farm project in Good Hope, Illinois, is entitled to collect a whopping $1 on its cost-to-complete claim against its terminated subcontractor. We previously reported on the court’s entry of summary judgment in favor of the general contractor
In the highly competitive world of federal government contracting, a firm’s small business size or socioeconomic status can determine its eligibility for lucrative set-aside contracts. For competitors and interested parties, the ability to challenge a company’s claimed size or status is a critical tool for ensuring compliance with the Small Business Act and maintaining the
Does this sound familiar? Nearly every construction contract contains an indemnification provision with some variation of these terms. And if you have ever negotiated a construction contract, you know that indemnification provisions often feature in those discussions. But are the words “indemnify” and “hold harmless” an example of lawyers
In today’s market, contractors often find themselves playing The Price is Right when bidding material costs — trying to hit the number just right without going over. But with new (and changing) tariffs targeting steel, aluminum, and other goods in 2025, that guessing game just became even riskier.
Should contractors base bids on current prices
In Tri-State Insur. Co. of Minn. a/s/o Campus Chalet, Inc. v. East Tennessee Sprinkler Company, Inc., the Court of Appeals of Tennessee recently addressed whether the state’s four-year statute of repose could shield a contractor from liability in 2020 where the initial construction project was completed in 1992. The court found that the trial
The Freedom of Information Act (FOIA), enacted in 1966, grants the public the right to access records from any federal agency, promoting transparency and accountability in government. Whether you’re a business owner, researcher, journalist, or private citizen, understanding the FOIA process — and how to challenge an agency’s response — is essential for ensuring your