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BuildSmart

Developments of Interest to Design, Construction and Government Contract Professionals

Topics

Arbitration

11th Circuit Confirms ICC Tribunal’s Power to Pierce the Corporate VeilDoes “Indemnify” = “Hold Harmless”? – Part 2Supreme Court Clarifies: No Minimum Contacts Needed for Personal Jurisdiction Over Foreign States Under FSIA

Bankruptcy/Creditor's Rights

Court Affirms $1.6B Judgment in Bahamas Mega Project DisputeThe Financially Distressed Subcontractor on a Government Contract: What a Prime Contractor Should Do to Protect the Project and Itself

Bid Protests

Latest Update on Bid Protests in AlabamaGovernment Contracting in 2026: Key Legal & Compliance RisksBradley’s Government Contracts Practice Group Named a 2025 Law360 Practice Group of the Year

Bonds and Insurance

2nd Circuit Holds Arbitration Treaty Trumps State Insurance LawProportional Fault Indemnification Provisions Held Enforceable in AlabamaMaximizing Recovery on Construction Claims: Don't Forget Bond Claims, Which Could Exceed the Underlying Claim!

Breach of Contract

First Material Breach: The "No Recovery" RuleUSAID Payment Delays and Contractor Remedies$800M Dispute Over Pumped Storage Hydro Project Heads to Trial

Compensable Delays

Absent Timely Revocation, Government Acceptance Is Conclusive2020 Construction Planning in the Wake of COVID-19Is Your Construction Project “Essential”?

Compliance

“Prioritizing the Warfighter” Executive Order: What Defense Contractors Need to KnowWhat Foreign Companies Need to Know When Entering the U.S. Government Contracts MarketTips for Government Contractors at the End of the Federal Fiscal Year

Construction Developments

First Material Breach: The "No Recovery" RuleGeneral Contractor Defeats Owner’s Notice Argument and Prevails in Seattle Condo DisputeBiden’s Executive Order on Project Labor Agreements Violates CICA

Construction Warranties

It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory ParentsDisclaiming Implied Warranties in New Home Contracts

Contract Interpretation

First Material Breach: The "No Recovery" RuleSBA’s Mass Suspension of 8(a) Contractors Raises Questions About Due Process and Appeal Rights11th Circuit Confirms ICC Tribunal’s Power to Pierce the Corporate Veil

Contract Rights and Remedies

First Material Breach: The "No Recovery" RuleSBA’s Mass Suspension of 8(a) Contractors Raises Questions About Due Process and Appeal Rights11th Circuit Confirms ICC Tribunal’s Power to Pierce the Corporate Veil

Contractors

Who Do You Work For? Texas Supreme Court Expands Contractor Immunity on Roadway ProjectsContract Formation 101: General Contractor Prevails in Dispute with Framing SubcontractorIs Your Subcontractor an Independent Contractor or an Employee? The Answer May Not Be as Simple as You Think

COVID-19 (Coronavirus)

Contractor Successfully Recovers Costs Associated with Government-Mandated COVID-19-Related QuarantinePPP and Pandemic Fraud Recoveries Significant for DOJ in FY 2023Subcontractors’ COVID-19-Related Claims Survive Motion to Dismiss

Cybersecurity

DOJ Announces Record-Breaking $6.8 Billion FCA Recoveries in FY 2025What Foreign Companies Need to Know When Entering the U.S. Government Contracts MarketGeorgia Tech Settles False Claims Act Allegations Over Cybersecurity Failures

Damages

USAID Payment Delays and Contractor RemediesExhaustion of Remedies: Owner Defeats Subcontractor's Unjust Enrichment Claim$800M Dispute Over Pumped Storage Hydro Project Heads to Trial

Environmental Updates

Court Sends Wind Farm Developer Spinning by Ordering Removal of Wind Turbines in Significant Mineral Rights HoldingObama Trumped? Top Five Trump Targets Among Obama’s Executive Orders

Events

Cybersecurity Health & Compliance: Best Practices in Commercial Business & Government Contracting Webinar

Excusable Delays

Whiting-Turner Prevails in Wrongful Termination DisputeLost Productivity Damages in Construction: The Modified Total Cost MethodPut Up or Shut Up: Court Grants Summary Judgment for Steel Sub in Price Escalation Clause Dispute

False Claims Act

DOJ Announces Record-Breaking $6.8 Billion FCA Recoveries in FY 2025Government Contracting in 2026: Key Legal & Compliance RisksWhat Foreign Companies Need to Know When Entering the U.S. Government Contracts Market

Featured

Takeaways from GAO’s FY 2022 Bid Protest ReportPrime Contractor Beware, No. 1: Watch Out for Owner/Lender Consent and Assignment Agreements

Federal Contractors

DOJ Announces Record-Breaking $6.8 Billion FCA Recoveries in FY 2025“Prioritizing the Warfighter” Executive Order: What Defense Contractors Need to KnowSBA’s Mass Suspension of 8(a) Contractors Raises Questions About Due Process and Appeal Rights

GAO

Inside GAO’s 2025 Bid Protest ReportUnderstanding State-Level Procurement: Key Differences from the Federal SystemWhy the Federal Government Shut Down Could Increase the Likelihood for Corrective Actions When It Reopens for Business

Government Contracts

Latest Update on Bid Protests in AlabamaDOJ Announces Record-Breaking $6.8 Billion FCA Recoveries in FY 2025“Prioritizing the Warfighter” Executive Order: What Defense Contractors Need to Know

HUBZone

Size Protest Amendments to the FAR Are ComingFAR Limitation on Subcontracting Rules Are Finally Here!SBA Issues Annual Small Business Procurement Scorecard

International

11th Circuit Confirms ICC Tribunal’s Power to Pierce the Corporate VeilWhat Foreign Companies Need to Know When Entering the U.S. Government Contracts MarketTHE STATE OF AID:  Foreign Aid Spending Commences

ISDC

Suspension & Debarment Annual Report: Key Takeaways

Labor & Employment

CBCA Rules Contractors Entitled to Reimbursement for Increased Costs Under Federal Minimum Wage and Sick Leave RequirementsIs Your Subcontractor an Independent Contractor or an Employee? The Answer May Not Be as Simple as You ThinkKey Legal Issues Facing U.S. Government Contractors in 2025

Legislative Updates

“Prioritizing the Warfighter” Executive Order: What Defense Contractors Need to KnowTexas on My Mind: New Bills from the 2025 Legislative Session Affecting Contractors in the Lone Star StateIRA Update: Recent Regulations Potentially at Risk in Second Trump Administration

Lien Law

Texas Two-Step: Two Additional Bills from the 2025 Texas Legislative Session That Contractors Need to KnowTracking Lien Law Requirements: AlabamaUsing Construction Lien Law to Pierce the Corporate Veil: Court Upholds Breach of Fiduciary Duty Claims Against Officers of Bankrupt Contractor

Litigation

11th Circuit Confirms ICC Tribunal’s Power to Pierce the Corporate VeilBlue-State Grantees Vindicated by Federal CourtWho Do You Work For? Texas Supreme Court Expands Contractor Immunity on Roadway Projects

Mediation

Mistake No. 5 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Being a Jerk to Opposing CounselMistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential Mediators and ArbitratorsThe Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Mistake No. 1: Not Realizing It’s All About the Facts

Miscellaneous

Mistake No. 6 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Marketing Your Special Construction Lawyer SkillsMistake No. 5 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Being a Jerk to Opposing CounselInside DOJ’s New Cyber-Fraud Initiative

OSHA

The Top 10 Things Every Employer Should Know About OSHAOSHA’s New PPE Fit Requirements for the Construction IndustryIt’s Getting Hot in Here: OSHA Proposes New Heat Hazard Rules

Power & Energy

Calling All Apprentices: National Guidelines for Apprenticeship Standards Approved by DOL for Renewable Energy Projects5th Circuit Rules Intent to Arbitrate Trumps Defunct ForumIRA Update: Recent Regulations Potentially at Risk in Second Trump Administration

Public-Private Partnerships

Must Read Decision Involving Construction Joint VenturesFederal Prompt Pay Act Does Not Afford Subcontractors Right to Sue General ContractorNew SBA Guidance for Partnerships and LLCs Applying for Paycheck Protection Program Loans

Residential Construction

Can a Lien Enforcement Action Be Properly Removed to Federal Court in Alabama?It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory ParentsIn Georgia, Rely on an Affiliate’s or Individual’s General Contractor’s License at Your Own Peril

Safety

THE STATE OF AID: The Department of State’s $150 Million Agreement with Zipline International Inc. Shows a New Path to Unlocking AidProportional Fault Indemnification Provisions Held Enforceable in AlabamaThe Top 10 Things Every Employer Should Know About OSHA

Small Business

SBA’s Mass Suspension of 8(a) Contractors Raises Questions About Due Process and Appeal RightsUnderstanding the Ostensible Subcontractor Rule: Avoiding Hidden Affiliation Risks in Small Business ContractingSBA OHA: Compliance with Limitations on Subcontracting Can Rebut Ostensible Subcontractor Affiliation

Small Business Administration

SBA’s Mass Suspension of 8(a) Contractors Raises Questions About Due Process and Appeal RightsUnderstanding the Ostensible Subcontractor Rule: Avoiding Hidden Affiliation Risks in Small Business ContractingCourt of Federal Claims Sides with Small Business in Landmark TAA vs. BAA Protest

Suspension and Debarment

Suspension and Debarment Annual Report: Key TakeawaysSuspension & Debarment Annual Report: Key Takeaways

Team Announcement

Aron Beezley Named as Law360’s 2022 MVP Winner for Government ContractsBradley’s Government Contracts Practice Group Named Law360 ‘Practice Group of the Year’Bradley Attorneys Receive JD Supra 2021 Readers’ Choice Awards

Technology

Will Artificial Intelligence Increase the Prices of Construction Materials, Equipment, and Labor?Navigating Federal Solicitations with Artificial IntelligenceAI and Construction: Promise and Pitfalls

Texas Construction Law Update

Who Do You Work For? Texas Supreme Court Expands Contractor Immunity on Roadway ProjectsTexas Two-Step: Two Additional Bills from the 2025 Texas Legislative Session That Contractors Need to KnowTouching the Void: Newly Enacted Law Clarifies Texas’ “Home-Rule” Construction Statute

Uncategorized

Emerging Trends in Government Contracts Law — What Contractors Need to KnowGAO Upholds Navy’s Rejection of Late ProposalUnderstanding the Postal Service’s Bid Protest Process
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Bradley is a national law firm with a reputation for skilled legal work, exceptional client service, and impeccable integrity. Our more than 750 attorneys provide business clients around the world with a full suite of legal services in dozens of industries and practice areas. Bradley’s 13 offices are located in Alabama, Florida, Georgia, Mississippi, North Carolina, Tennessee, Texas, and the District of Columbia, giving us an extensive geographic base to represent clients on a regional, national, and international basis. We frequently serve as national coordinating counsel, regional counsel, and statewide counsel for clients in various industries.
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