Arbitration

Grounds for Vacating an Arbitration Award Remain Extremely LimitedDon’t Hide the Money: Supreme Court Allows Civil Racketeering Claim to Proceed in Foreign Arbitration ContextMotion to Compel Arbitration Denied? District Court Proceedings Automatically Stayed Pending Appeal

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

The Good, the Bad, and the Board Minutes: Mississippi Court Says Public Bodies Must Fully Explain Why Lowest and Best Bidder Is a Better Choice Than the Lowest BidderContractor Recovers COVID-19-Related Additional CostsUpdate on Bid Protests in Alabama

Bonds and Insurance

Summary of Recent Amendments to Alabama’s Public Works StatutesYou Can Stand Under My Umbrella (by Clearly Manifesting It)California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies

Breach of Contract

Court Affirms Dismissal of Subcontractor’s Wrongful Termination Counterclaim and Clarifies Scope of Upcoming Trial on DamagesDamages: A Primer for Non-Lawyers in the Construction IndustryLiquidated Damages Disproportionate to Actual Damages Deemed Unenforceable

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

California Passes Legislation to Address Safety Concerns at Battery Energy Storage FacilitiesSummary of Recent Amendments to Alabama’s Public Works StatutesCan a Lien Enforcement Action Be Properly Removed to Federal Court in Alabama?

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

How to Deal with Retainage on Alabama Public ProjectsCourt Rejects Contractor's Claim That COVID-19 Rendered Performance ImpossiblePay Attention to the Fine Print! Court Enforces Broad Release in Change Order to Deny $25M Claim

Contract Rights and Remedies

Pay Attention to the Fine Print! Court Enforces Broad Release in Change Order to Deny $25M ClaimContextual “Construction” of Force Majeure ClausesPrime Contractor Beware, No. 1: Watch Out for Owner/Lender Consent and Assignment Agreements

Contractors

How to Deal with Retainage on Alabama Public ProjectsCourt Affirms Dismissal of Subcontractor’s Wrongful Termination Counterclaim and Clarifies Scope of Upcoming Trial on DamagesCourt Rejects Differing Site Condition Claim for Lack of Timely Notice

COVID-19 (Coronavirus)

Contractor Recovers COVID-19-Related Additional CostsCOVID-19 May Be Over, but Fight Over the Federal Contractor Vaccine Mandate Is NotPPP Fraud and Appeals Update

Cybersecurity

Cybersecurity Risks to AI Adoption in ConstructionCybersecurity in the U.S. Construction Industry: Navigating Challenges and Strategies for a Secure Future – Part 3Cybersecurity in the U.S. Construction Industry: Navigating Challenges and Strategies for a Secure Future – Part 2

Damages

Court Affirms Dismissal of Subcontractor’s Wrongful Termination Counterclaim and Clarifies Scope of Upcoming Trial on DamagesCourt Rejects Contractor's Claim That COVID-19 Rendered Performance ImpossibleDamages: A Primer for Non-Lawyers in the Construction Industry

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

Falsely Certifying Receipts for Small Business Government Contractors Can Result in False Claims Act LiabilityThe False Claims Act in 2022: A Government Enforcement UpdateThe False Claims Act in 2021: A Government Enforcement Update

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

Contractor Recovers COVID-19-Related Additional CostsSo Now There’s a TikTok Ban for Government ContractorsHUBZone Appeals Are Coming May 10!

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

Contractor Recovers COVID-19-Related Additional CostsSummary of Recent Amendments to Alabama’s Public Works StatutesFalsely Certifying Receipts for Small Business Government Contractors Can Result in False Claims Act Liability

HUBZone

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

Intellectual Property

Are You Protecting Your Construction Firm's Trade Secrets?

International

The Uyghur Forced Labor Prevention Act (UFLPA): A Year into Enforcement, What Has the Solar Industry Learned?Grounds for Vacating an Arbitration Award Remain Extremely LimitedUnited States Supreme Court Closes the Door to U.S. Discovery in International Commercial Arbitration

ISDC

Suspension & Debarment Annual Report: Key Takeaways

Labor & Employment

The Uyghur Forced Labor Prevention Act (UFLPA): A Year into Enforcement, What Has the Solar Industry Learned?New Mothers “Making it Happen”: New Federal Laws Support Expectant and Nursing Mothers in the WorkplaceAre You Protecting Your Construction Firm's Trade Secrets?

Legislative Updates

California Passes Legislation to Address Safety Concerns at Battery Energy Storage FacilitiesSummary of Recent Amendments to Alabama’s Public Works StatutesCOFC Finds Jurisdiction Over OTA Protest

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

Court Rejects Differing Site Condition Claim for Lack of Timely NoticeWashington Court Affirms $150M Award for Victims of Seattle Crane CollapseThe American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees

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

California Passes Legislation to Address Safety Concerns at Battery Energy Storage FacilitiesThe Uyghur Forced Labor Prevention Act (UFLPA): A Year into Enforcement, What Has the Solar Industry Learned?Contextual “Construction” of Force Majeure Clauses

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

Washington Court Affirms $150M Award for Victims of Seattle Crane CollapseCybersecurity Risks to AI Adoption in ConstructionAI and Construction: Promise and Pitfalls

Small Business

Size Protest Amendments to the FAR Are ComingSBA Finalizes Rule on Increased Size Standards and Program ThresholdsHUBZone Appeals Are Coming May 10!

Small Business Administration

Size Protest Amendments to the FAR Are ComingSBA Finalizes Rule on Increased Size Standards and Program ThresholdsGAO Issues Another 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