Arbitration

How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction ConflictIt’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory ParentsUnited States Supreme Court Closes the Door to U.S. Discovery in International Commercial Arbitration

Bankruptcy/Creditor's Rights

The Financially Distressed Subcontractor on a Government Contract: What a Prime Contractor Should Do to Protect the Project and Itself

Bid Protests

Update on Bid Protests in AlabamaTakeaways from GAO’s FY 2022 Bid Protest ReportIntervention in Bid Protests: A Refresher

Bonds and Insurance

You Can Stand Under My Umbrella (by Clearly Manifesting It)California Appeals Court Says No Duty to Defend Where Policy Exclusion AppliesMiller Act Suit Stayed until CDA Remedies Exhausted

Compensable Delays

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

Construction Developments

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 ParentsYou’ll Be Seeing More of These: AIA Releases New Lien Release Forms

Construction Warranties

It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory ParentsWarranties: They Protect You Until They Don’tDisclaiming Implied Warranties in New Home Contracts

Contract Interpretation

Incorporation Clauses: Does the Subcontractor Really Assume All Obligations of the Prime Contractor?Contextual “Construction” of Force Majeure ClausesThe American Rule Doesn't Stand: Contractor Uses Offer of Judgment to Recover Attorneys’ Fees in Retention Dispute

Contract Rights and Remedies

Contextual “Construction” of Force Majeure ClausesPrime Contractor Beware, No. 1: Watch Out for Owner/Lender Consent and Assignment AgreementsYou’ve Gotta Fight For Your Right To Get Paid: The Right To Stop Work

Contractors

Incorporation Clauses: Does the Subcontractor Really Assume All Obligations of the Prime Contractor?The American Rule Doesn't Stand: Contractor Uses Offer of Judgment to Recover Attorneys’ Fees in Retention DisputeThe American Rule Stands: Court Rejects Fee-Shifting Under Indemnity Clause

COVID-19 (Coronavirus)

COVID-19 May Be Over, but Fight Over the Federal Contractor Vaccine Mandate Is NotPPP Fraud and Appeals UpdateWhatever Happened to that Federal Contractor COVID Vaccine Order?

Cybersecurity

Inside DOJ’s New Cyber-Fraud InitiativeNISPOM Codified as Regulation; JPAS Retiring SoonDoD Has Two New Cybersecurity Frameworks

Environmental Updates

U.S. Supreme Court “Waters of the United States” Ruling May Lead to Confusion and Uncertainty in Waters and Wetlands Regulatory Regime$1 Billion in Credit Assistance Now Available from EPA’s New Water Infrastructure ProgramObama Trumped? Top Five Trump Targets Among Obama’s Executive Orders

Events

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

Excusable Delays

Is Your Construction Project “Essential”?COVID-19: Denied Access to NASA Facilities Clause“Force” and Foremost: COVID-19 and Force Majeure in Construction Contracts

False Claims Act

The False Claims Act in 2022: A Government Enforcement UpdateThe False Claims Act in 2021: A Government Enforcement UpdateInside DOJ’s New Cyber-Fraud Initiative

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

HUBZone Appeals Are Coming May 10!COVID-19 May Be Over, but Fight Over the Federal Contractor Vaccine Mandate Is Not$15 Per Hour Minimum Wage for Federal Contractors Takes Effect

GAO

GAO Issues Another Noteworthy Protest Decision on Joint Venture ExperienceGAO Issues Noteworthy Protest Decision on Joint Venture ExperienceTakeaways from GAO’s FY 2022 Bid Protest Report

Government Contracts

HUBZone Appeals Are Coming May 10!NDAA Section 822 – Contractors Should Act Now to Seek ReliefFAR Council Issues Final Rule on Accelerated Payments to Small Businesses

HUBZone

FAR Limitation on Subcontracting Rules Are Finally Here!SBA Issues Annual Small Business Procurement ScorecardAll Small Mentor-Protégé Program 2020 Mid-Year Report

Intellectual Property

Are You Protecting Your Construction Firm's Trade Secrets?

International

United States Supreme Court Closes the Door to U.S. Discovery in International Commercial ArbitrationUyghur Forced Labor Prevention Act: What It Means for the Solar Supply Chain

ISDC

Suspension & Debarment Annual Report: Key Takeaways

Labor & Employment

Are You Protecting Your Construction Firm's Trade Secrets?DOD Issues Guidance for ESOP Pilot ProgramDOL Proposes First Major Overhaul of Davis-Bacon Act Regulations in 40 Years

Legislative Updates

COFC Finds Jurisdiction Over OTA ProtestPresident Biden Signs Inflation Reduction Act – What This Will Mean for Clean Energy and ManufacturingUnited States Supreme Court Closes the Door to U.S. Discovery in International Commercial Arbitration

Lien Law

The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable FeesCan a Lien Enforcement Action Be Properly Removed to Federal Court in Alabama?You’ll Be Seeing More of These: AIA Releases New Lien Release Forms

Litigation

The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable FeesContextual “Construction” of Force Majeure ClausesPreserve Your Claims by Preserving the Evidence

Mediation

Read Your Contract: It May Cost You Your Arbitration AwardNo. 1 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in MediationsNo. 2 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

Miscellaneous

Inside DOJ’s New Cyber-Fraud InitiativeTwo Wrongs Don’t Make a Right: Unlicensed Contractors Can Pursue Designers for NegligencePolicy Clauses, Exclusions and Endorsements: Language Matters

OSHA

National Construction Safety Week: Preventing Accidents on the Jobsite

Power & Energy

Contextual “Construction” of Force Majeure ClausesYou Can Stand Under My Umbrella (by Clearly Manifesting It)No Written Notice of Delay? Big Problem! Court Sides with Contractor in Termination Dispute

Public-Private Partnerships

Federal Prompt Pay Act Does Not Afford Subcontractors Right to Sue General ContractorNew SBA Guidance for Partnerships and LLCs Applying for Paycheck Protection Program LoansAll Means All: Who “Controls” an SDVOSB?

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

AI and Construction: Promise and PitfallsNational Construction Safety Week: Preventing Accidents on the JobsiteExpansion of Premises Liability for Construction Owners

Small Business

HUBZone Appeals Are Coming May 10!FAR Council Issues Final Rule on Accelerated Payments to Small BusinessesSBA to Increase Size Standards and Program Thresholds Due to Inflation

Small Business Administration

GAO Issues Another Noteworthy Protest Decision on Joint Venture ExperienceHUBZone Appeals Are Coming May 10!GAO Issues Noteworthy Protest Decision on Joint Venture Experience

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

Are You Protecting Your Construction Firm's Trade Secrets?AI and Construction: Promise and Pitfalls

Texas Construction Law Update

Contextual “Construction” of Force Majeure ClausesOut with Lonergan, In with Spearin: Texas Legislature Provides Contractors with Limited Protection for Defective Plans and DesignsTexas’s Major Lien Law Makeover: What You Need to Know