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BuildSmart

Developments of Interest to Design, Construction and Government Contract Professionals

Topics

AI

Artificial Intelligence in Defense Contracting: What Contractors Need to Know NowYou Just Won Your First Federal Contract — Here Is the AI Compliance Trap Nobody Warned You AboutThe GSA AI Clause Clock Is About to Start: What Schedule Holders Must Do Before Refresh 32 Drops

Arbitration

Supreme Court Confirms Post-Award Jurisdiction After Federal Court Stays Claims Under FAA11th Circuit Confirms ICC Tribunal’s Power to Pierce the Corporate VeilDoes “Indemnify” = “Hold Harmless”? – Part 2

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

FAA’s “No-Protest” Clause Struck DownFixed-Price Contracting as Default: A Shift in Federal Procurement PolicyVigilance Matters: Why Contractors Should Engage Bid Protest Counsel Early During the Army MAPS Procurement

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

11th Circuit Affirms in Dispute Between Joint Venture Partners on Florida Mega ProjectGreen-Eyeshades Not Needed: Contractor Awarded Partial Fees in Partial VictoryDeveloper Liable to Contractor for Misrepresentations Regarding Project Funding

Compensable Delays

Top 25 Questions Government Contractors Ask (and the Answers You Actually Need)Absent Timely Revocation, Government Acceptance Is Conclusive2020 Construction Planning in the Wake of COVID-19

Compliance

Israeli Companies Entering the U.S. Government Contracts Market: What You Need to KnowThe Korea Defense Market Is Open – Here’s What U.S. Companies Need to Know Before They Walk InProposed CAS Threshold Increases: A Major Shift for Federal Contractors

Construction Developments

Call Before You Dig: Company Faces Tort Claims for Not Calling FirstGreen-Eyeshades Not Needed: Contractor Awarded Partial Fees in Partial VictoryShot Clock Violation: Judge Tosses Untimely Construction Defect Claims

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

New Executive Order Imposes DEI Compliance Requirements on Federal Contractors and SubcontractorsCall Before You Dig: Company Faces Tort Claims for Not Calling FirstShot Clock Violation: Judge Tosses Untimely Construction Defect Claims

Contract Rights and Remedies

Call Before You Dig: Company Faces Tort Claims for Not Calling FirstHolding Subcontractors to Their Bid: The Doctrine of Promissory EstoppelFirst Material Breach: The "No Recovery" Rule

Contractors

FAA’s “No-Protest” Clause Struck DownSuspension and Debarment: What Government Contractors Should Do After Receiving NoticeFixed-Price Contracting as Default: A Shift in Federal Procurement Policy

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

Artificial Intelligence in Defense Contracting: What Contractors Need to Know NowDOJ Announces Record-Breaking $6.8 Billion FCA Recoveries in FY 2025What Foreign Companies Need to Know When Entering the U.S. Government Contracts Market

Damages

Call Before You Dig: Company Faces Tort Claims for Not Calling FirstGreen-Eyeshades Not Needed: Contractor Awarded Partial Fees in Partial VictoryShot Clock Violation: Judge Tosses Untimely Construction Defect Claims

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

Artificial Intelligence in Defense Contracting: What Contractors Need to Know NowIBM’s $17M False Claims Act Settlement: What Government Contractors Should KnowA New Tool in Customs Enforcement: The False Claims Act in 2025

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

Fixed-Price Contracting as Default: A Shift in Federal Procurement PolicyProposed CAS Threshold Increases: A Major Shift for Federal ContractorsTop 25 Questions Government Contractors Ask (and the Answers You Actually Need)

GAO

Vigilance Matters: Why Contractors Should Engage Bid Protest Counsel Early During the Army MAPS ProcurementTop 25 Questions Government Contractors Ask (and the Answers You Actually Need)Bid Protests at the State and Local Level: What Contractors Need to Know

Government Contracts

FAA’s “No-Protest” Clause Struck DownSuspension and Debarment: What Government Contractors Should Do After Receiving NoticeIsraeli Companies Entering the U.S. Government Contracts Market: What You 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

Israeli Companies Entering the U.S. Government Contracts Market: What You Need to KnowThe Korea Defense Market Is Open – Here’s What U.S. Companies Need to Know Before They Walk InKorean Deep Tech Is Entering the U.S. Government Market — Here’s What the Legal Landscape Actually Looks Like

ISDC

Suspension & Debarment Annual Report: Key Takeaways

Labor & Employment

Supreme Court Confirms Post-Award Jurisdiction After Federal Court Stays Claims Under FAAStill Hot in Here: OSHA Turns Up the Temperature on EnforcementCBCA Rules Contractors Entitled to Reimbursement for Increased Costs Under Federal Minimum Wage and Sick Leave Requirements

Legislative Updates

Fixed-Price Contracting as Default: A Shift in Federal Procurement PolicyProposed CAS Threshold Increases: A Major Shift for Federal Contractors“Prioritizing the Warfighter” Executive Order: What Defense Contractors Need to Know

Lien Law

Green-Eyeshades Not Needed: Contractor Awarded Partial Fees in Partial VictoryTexas Two-Step: Two Additional Bills from the 2025 Texas Legislative Session That Contractors Need to KnowTracking Lien Law Requirements: Alabama

Litigation

Supreme Court Confirms Post-Award Jurisdiction After Federal Court Stays Claims Under FAA11th Circuit Affirms in Dispute Between Joint Venture Partners on Florida Mega ProjectFederal Circuit Clarifies Standard for CICA Stay Overrides

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

Still Hot in Here: OSHA Turns Up the Temperature on EnforcementThe Top 10 Things Every Employer Should Know About OSHAOSHA’s New PPE Fit Requirements for the Construction Industry

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

11th Circuit Affirms in Dispute Between Joint Venture Partners on Florida Mega ProjectMust Read Decision Involving Construction Joint VenturesFederal Prompt Pay Act Does Not Afford Subcontractors Right to Sue General Contractor

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

What 8(a) Contractors Should Do After Receiving an SBA Suspension NoticeSBA’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 Contracting

Small Business Administration

Key Government Contracts Law Developments in Q1 2026What 8(a) Contractors Should Do After Receiving an SBA Suspension NoticeSBA’s Mass Suspension of 8(a) Contractors Raises Questions About Due Process and Appeal Rights

Suspension and Debarment

FAA’s “No-Protest” Clause Struck DownSuspension and Debarment: What Government Contractors Should Do After Receiving NoticeSuspension and 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

The Korea Defense Market Is Open – Here’s What U.S. Companies Need to Know Before They Walk InKorean Deep Tech Is Entering the U.S. Government Market — Here’s What the Legal Landscape Actually Looks LikeArtificial Intelligence in Defense Contracting: What Contractors Need to Know Now

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

FOIA & Federal Contractors: How to Protect Sensitive InformationEmerging Trends in Government Contracts Law — What Contractors Need to KnowGAO Upholds Navy’s Rejection of Late Proposal
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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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