Modified Total Cost Method – Pricing of Adjustments
INTRODUCTION When a contractor in entitled to an adjustment to the cost or time on a contract, the contractor is expected to prove its costs by submitting…
The Patent Ambiguity Doctrine and the Contractor’s Duty to Inquire
INTRODUCTION Contract documents for a construction project are an imperfect form of communication. The Architect or Engineer does its best to translate the owner’s needs into plans…
Sovereign Acts Generally Bar Recovery, Impose Risk
INTRODUCTION Costs incurred as a result of Sovereign Acts of the Government are generally not compensable. The recent Armed Services Board of Appeals (ASBCA or Board) Appeal…
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…
Site Visit vs. Differing Site Conditions
Knowing the Different Types and How to Handle Them Properly. This article is in all probability one of the most important ever generated by Excell because the issues of Order of Precedence, Site Visit Responsibilities, and Differing Site Conditions, have recently been ruled on in a most favorable light by the United States Court of Appeals for the Federal…
Paid Sick Leave Rule Leaves Room for Abuse
INTRODUCTION As previously discussed, President Obama signed an executive order on September 7, 2015, requiring federal contractors to provide their workers with a paid sick leave benefit….
Mandatory Paid Sick Leave for Federal Contractor Employees
INTRODUCTION President Obama signed an executive order on September 7, 2015, requiring that federal contractors and subcontractors provide their workers with up to seven days (56 hours)…
New FAR Final Rule: Inflation adjustments to Acquisition Thresholds
New Final Rule: Inflation Adjustments to Acquisition Thresholds The FAR Council issued a Final Rule on July 2, 2015 that will implement inflation-based adjustments to certain acquisition-related…
Competition in Contracting Act
INTRODUCTION The Competition in Contracting Act (CICA) was enacted in 1984 for the purpose of ensuring that the Federal Government can only enter into contracts upon “…full…
Proposals and REAs
INTRODUCTION A contractor submitting a Request for Equitable Adjustment (“REA”) is required to provide “proposal-type” documentation supporting its position and proving its entitlement. In addressing REAs, some…
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