Minimum Wage Increases and the New Executive Order
EXECUTIVE ORDER In February 2014, President Obama signed an Executive Order entitled “Establishing a Minimum Wage for Contractors.” This order increased the minimum wage for workers employed…
Electronic Signatures
INTRODUCTION Although electronic signatures are generally accepted as part of commerce and contracting today, some uncertainty remains about questions of validity, and what form of electronic signature…
The Anti-Assignment of Contracts Act
ASSIGNMENT OF A FEDERAL CONTRACT In construction law, including government contracting, a party (assignor) to a contract may “assign” their rights and duties under the contract to…
Subcontractor Remedies Under the Miller Act
INTRODUCTION As explained in a previous post, Subcontractors and Sub-subcontractors on federal government construction projects can recover payments due to them under the Miller Act. In pursuing…
Pass-Through Claims and the Severin Doctrine
INTRODUCTION In Federal Government contracting, Subcontractors and Prime Contractors often face the dilemma of how to handle Subcontractor claims against the Prime that result from Government action…
Knowledge is Power – Do You Know What You Don’t Know?
INTRODUCTION I recently met with the president of a midsize general contracting company to discuss his company’s REA on one of its federal construction contracts. As we…
Site Visit Can be an Unreasonable Requirement When… (updated)
Editor’s Note: This is a re-publication of this article, which was originally published on November 22, 2011, in the Excell Report. Here is the latest updated version…
Contractor Claim Fundamentals: Part 2 – Some Pitfalls and Variations Under the CDA
INTRODUCTION To every rule, there are exceptions and nuances. Such is the case with CDA claims. Part 1 of this series set forth the fundamental requirements and…
Contractor Claim Fundamentals: Part 1 – The Basics and Pitfalls Under the CDA
INTRODUCTION Disputes stemming from a government construction contract are governed by the Contract Disputes Act (CDA), which sets forth rules as to how disputes between contractors and…
Money Damages for Adverse Weather Delays?
INTRODUCTION Every contractor will at some point have a project impacted by adverse weather. When a weather-related delay happens, additional costs are virtually inevitable. The general rule…