Subcontractors’ Remedies Under the Miller Act
Should I File in State or Federal Court? INTRODUCTION As explained in a previous post, Subcontractors and Sub-subcontractors on federal government construction projects can recover payments…
Termination for Default – Is it Justified & What are my Options?
INTRODUCTION The Federal Government inserts certain clauses into its construction contracts in order to protect itself. One such clause is the Termination for Default clause. The Termination…
Rejection of Conforming Submittals = Change to the Contract
It is common knowledge that when the government issues defective plans and specifications, its actions constitute a “Constructive Change” under FAR 52.243-4 “Changes.” But what happens when the government rejects a contractor’s submittals that are compliant with the contract plans and spec…
New FAR Rule: Human Trafficking
The new Federal Acquisition Regulation (“FAR”) final rule, “Ending Trafficking in Persons,” became effective on March 2, 2015. The final rule, issued by the Department of Defense, General Services Administration, and National…
The Result of Misinterpretation
INTRODUCTION Most individuals who have tried to communicate information to another person understand that the communication may not come across as intended. The same holds true with…
Consulting and Legal Fees are Recoverable!
INTRODUCTION Before elaborating on the question of recovery of consulting fees and/or legal fees, let’s be clear on a major point: a claim situation does not exist…
Concurrent Delay as a Defense
INTRODUCTION Concurrent delay is a method that the owner of a project can use in its defense against a contractor when “allegations” that delays experienced, which affect…
BCA Appeals and Discovery – VA Sanctioned for Withholding Documents
INTRODUCTION When an appeal from a Contracting Officer’s final decision is filed with either the Armed Services Board of Contract Appeals (ASBCA) or the Civilian Board of…
Suspension of Work Clause – Unreasonable Delays are Compensable
SUSPENSION OF WORK The Suspension of Work clause, found in FAR 52.242-14, provides that if the contracting officer orders the suspension, delay or interruption of the contract…
Metcalf: Part II – Who Bears the Risk of Differing Site Conditions in a Design-Build Context?
INTRODUCTION The U.S. Court of Appeals for the Federal Circuit (CAFC) recently reversed an opinion by the U.S. Court of Federal Claims (CFC) that is already being…