Arbitration

Get the F*** Off My Site! Court Upholds Verbal Contract TerminationThe Power of Incorporation Compels You: Surety Succeeds in Compelling Contractor to Arbitrate Bond Claims Pursuant to Arbitration Clause in Subcontract11th Circuit Confirms International Arbitration Award in Guatemalan Hydropower Project Dispute

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

Bid Protests in New JerseyBid Protests in MassachusettsGAO Sustains Protest Challenging Decision to Convert Competitive Bid Solicitation to Negotiated Procurement

Bonds and Insurance

The Power of Incorporation Compels You: Surety Succeeds in Compelling Contractor to Arbitrate Bond Claims Pursuant to Arbitration Clause in SubcontractBreach vs. Default -- What's the difference?Employee Stock Ownership Plans for Construction Companies: Part 2

Breach of Contract

Don't Put Too Much on Your Plate: Practical Advice for Thanksgiving (and Drafting a Complaint)Substantial Performance v. Material BreachAlabama Supreme Court's Recent Ruling on Indemnity Clauses Could Impact Construction Contracts: Key Drafting Considerations

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

Alabama Supreme Court's Recent Ruling on Indemnity Clauses Could Impact Construction Contracts: Key Drafting ConsiderationsMust Read Decision Involving Construction Joint VenturesMississippi Passes New Retainage Law Governing Private Construction Jobs

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

Lost Productivity Damages in Construction: The Modified Total Cost MethodAlabama Supreme Court's Recent Ruling on Indemnity Clauses Could Impact Construction Contracts: Key Drafting ConsiderationsSignature Lines Matter: When a Contract Amendment Is Not Really an Amendment

Contract Rights and Remedies

Alabama Supreme Court's Recent Ruling on Indemnity Clauses Could Impact Construction Contracts: Key Drafting ConsiderationsPay Attention to the Fine Print! Court Enforces Broad Release in Change Order to Deny $25M ClaimContextual “Construction” of Force Majeure Clauses

Contractors

Practical Considerations for Navigating Tariff Risk on Construction ProjectsCBCA and ASBCA Issue 2024 Annual ReportsPut Up or Shut Up: Court Grants Summary Judgment for Steel Sub in Price Escalation Clause Dispute

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

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

Lost Productivity Damages in Construction: The Modified Total Cost MethodPut Up or Shut Up: Court Grants Summary Judgment for Steel Sub in Price Escalation Clause DisputeASBCA Deems Late-Asserted Jurisdictional Defense Forfeited

Environmental Updates

Court Sends Wind Farm Developer Spinning by Ordering Removal of Wind Turbines in Significant Mineral Rights HoldingU.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 Program

Events

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

Excusable Delays

Lost Productivity Damages in Construction: The Modified Total Cost MethodPut Up or Shut Up: Court Grants Summary Judgment for Steel Sub in Price Escalation Clause DisputeIs Your Construction Project “Essential”?

False Claims Act

DOJ Reports Substantial Procurement Fraud Recoveries in FY 2024PPP and Pandemic Fraud Recoveries Significant for DOJ in FY 2023The False Claims Act in 2023: 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

DOJ Reports Substantial Procurement Fraud Recoveries in FY 2024CBCA and ASBCA Issue 2024 Annual ReportsDomestic Preference Development: New DFARS Buy American Act Requirements

GAO

GAO Sustains Protest Challenging Decision to Convert Competitive Bid Solicitation to Negotiated ProcurementSAM Registration Lapse Can Now Cost You a Contract AwardGAO Issues Another Noteworthy Protest Decision on Joint Venture Experience

Government Contracts

DOJ Reports Substantial Procurement Fraud Recoveries in FY 2024CBCA and ASBCA Issue 2024 Annual ReportsGAO Sustains Protest Challenging Decision to Convert Competitive Bid Solicitation to Negotiated Procurement

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

Practical 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 LaborLouisiana District Court Denies Motion to Compel Arbitration Pursuant to DIFC-LCIA

ISDC

Suspension & Debarment Annual Report: Key Takeaways

Labor & Employment

OSHA’s New PPE Fit Requirements for the Construction IndustryDepartment of Homeland Security Updates UFLPA Entity List: 29 Chinese Companies Added to List for Ties to Use of Forced LaborAlabama Supreme Court Overturns Directed Verdict in Workplace Injury Lawsuit

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

Mechanics Lien Upheld Despite Lack of Notice to Senior Construction LenderContractor's Refusal to Sign Broad Lien Waiver Does Not Defeat Mechanics LienThe American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees

Litigation

Alabama Supreme Court Overturns Directed Verdict in Workplace Injury LawsuitMerely Copying In-House Counsel Does Not Necessarily Establish Attorney-Client PrivilegeMistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge During a Hearing

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

OSHA’s New PPE Fit Requirements for the Construction IndustryIt’s Getting Hot in Here: OSHA Proposes New Heat Hazard RulesNational Construction Safety Week: Preventing Accidents on the Jobsite

Power & Energy

Inflation Reduction Act Domestic Content Bonus Update: IRS Issues Updated Guidance with First Updated Elective Safe HarborLost Productivity Damages in Construction: The Modified Total Cost MethodDepartment of Homeland Security Updates UFLPA Entity List: 29 Chinese Companies Added to List for Ties to Use of Forced Labor

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

OSHA’s New PPE Fit Requirements for the Construction IndustryAlabama Supreme Court Overturns Directed Verdict in Workplace Injury LawsuitWashington Court Affirms $150M Award for Victims of Seattle Crane Collapse

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

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

Uncategorized

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