Topics

Arbitration

2nd Circuit Holds Arbitration Treaty Trumps State Insurance LawManifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration AwardsMistake No. 10 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Treating Your Arbitrator Like Santa

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

Bid Protests in UtahBid Protests in ArizonaBid Protests in Nevada

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

Maintenance Obligations on a 30-Year-Old Project Let an Owner Sidestep Tennessee’s Statute of ReposeProportional Fault Indemnification Provisions Held Enforceable in AlabamaWhat to Do If the Government Doesn’t Pay You as a Federal Contractor

Compensable Delays

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

Compliance

So Now There’s a TikTok Ban for Government Contractors

Construction Developments

General Contractor Defeats Owner’s Notice Argument and Prevails in Seattle Condo DisputeBiden’s Executive Order on Project Labor Agreements Violates CICAAlabama Supreme Court's Recent Ruling on Indemnity Clauses Could Impact Construction Contracts: Key Drafting Considerations

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

Stop Guessing the Price – Use Material Escalation Clauses to Protect Your Bid in a Volatile Tariff ClimateBad Formatting Dooms Proposal and GAO Bid ProtestWhiting-Turner Prevails in Wrongful Termination Dispute

Contract Rights and Remedies

Stop Guessing the Price – Use Material Escalation Clauses to Protect Your Bid in a Volatile Tariff ClimateWhiting-Turner Prevails in Wrongful Termination DisputeWhat to Do if Your Federal Contract was Wrongfully Terminated by the Government

Contractors

Stop Guessing the Price – Use Material Escalation Clauses to Protect Your Bid in a Volatile Tariff ClimateMaintenance Obligations on a 30-Year-Old Project Let an Owner Sidestep Tennessee’s Statute of ReposeCompetitive Range Determination Violated the FAR, Court Finds

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

Key Legal Issues Facing U.S. Government Contractors in 2025Cybersecurity Risks to AI Adoption in ConstructionCybersecurity in the U.S. Construction Industry: Navigating Challenges and Strategies for a Secure Future – Part 3

Damages

Whiting-Turner Prevails in Wrongful Termination DisputeYes, Damages for Delay: Court Permits Delay Damage Claim to ProceedIs It Defamatory to Call Your Contractor a Crook and a Con Man?

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

Key Legal Issues Facing U.S. Government Contractors in 2025More Whistleblower Suits Filed Than Ever Before: The False Claims Act in 2024DOJ Reports Substantial Procurement Fraud Recoveries in FY 2024

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

Understanding the FOIA Process: Submitting, Appealing, and Litigating Requests for Government RecordsCompetitive Range Determination Violated the FAR, Court FindsHow to Become a U.S. Government Contractor: A Legal Guide to the Basics

GAO

Competitive Range Determination Violated the FAR, Court FindsBad Formatting Dooms Proposal and GAO Bid ProtestGAO Sustains Protest Over Agency’s Failure to Conduct Price Risk Analysis Under DFARS 252.204-7024

Government Contracts

Understanding the FOIA Process: Submitting, Appealing, and Litigating Requests for Government RecordsCompetitive Range Determination Violated the FAR, Court FindsHow to Become a U.S. Government Contractor: A Legal Guide to the Basics

HUBZone

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

International

2nd Circuit Holds Arbitration Treaty Trumps State Insurance LawPractical Considerations for Navigating Tariff Risk on Construction ProjectsDepartment of Homeland Security Updates UFLPA Entity List: 29 Chinese Companies Added to List for Ties to Use of Forced Labor

ISDC

Suspension & Debarment Annual Report: Key Takeaways

Labor & Employment

Key Legal Issues Facing U.S. Government Contractors in 2025Federal Contractor Minimum Wage Executive Order RevokedThe Top 10 Things Every Employer Should Know About OSHA

Legislative Updates

IRA Update: Recent Regulations Potentially at Risk in Second Trump AdministrationCalifornia Passes Legislation to Address Safety Concerns at Battery Energy Storage FacilitiesSummary of Recent Amendments to Alabama’s Public Works Statutes

Lien Law

Using Construction Lien Law to Pierce the Corporate Veil: Court Upholds Breach of Fiduciary Duty Claims Against Officers of Bankrupt ContractorFederal Court Emphasizes Strict Adherence to Mechanic's Lien StatuteMechanics Lien Upheld Despite Lack of Notice to Senior Construction Lender

Litigation

Maintenance Obligations on a 30-Year-Old Project Let an Owner Sidestep Tennessee’s Statute of ReposeUnderstanding the FOIA Process: Submitting, Appealing, and Litigating Requests for Government RecordsCourt Affirms $1.6B Judgment in Bahamas Mega Project Dispute

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

Proportional Fault Indemnification Provisions Held Enforceable in AlabamaThe Top 10 Things Every Employer Should Know About OSHAOSHA’s New PPE Fit Requirements for the Construction Industry

Small Business

SBA Eliminates Self-Certification for SDVOSBsPPP and Pandemic Fraud Recoveries Significant for DOJ in FY 2023Size Protest Amendments to the FAR Are Coming

Small Business Administration

SBA Eliminates Self-Certification for SDVOSBsPPP and Pandemic Fraud Recoveries Significant for DOJ in FY 2023Size Protest Amendments to the FAR Are Coming

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

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

Uncategorized

Signature Lines Matter: When a Contract Amendment Is Not Really an Amendment