Waiver Doctrine and Liquidated Damages
INTRODUCTION The Armed Services Board of Contract Appeals (“ASBCA” or “Board”) recently addressed the “waiver” doctrine as it applies to government construction contracts: that is, the circumstances…
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…
Request for Equitable Adjustment
INTRODUCTION Editor’s Note: In the spirit of “Throwback Thursday,” we are re-publishing the following article originally written by CEO John Balch, which was originally printed in the…
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…
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…
Metcalf: Part 1 – Duty of Good Faith and Fair Dealing
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…
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