Client Alerts & Publications
Delay Damages for Early Completion
Authors: Curtis W. Martin, Justin D. Holzheauser,
Published Date: September 15, 2023
This article was written for the Texas Contractor and first appeared here. Contractors are familiar with construction delays and the resulting claims. But what happens when a contractor finishes construction before the contractual deadline despite an owner-caused delay. May the contractor still collect damages for the delay? Consider the following hypothetical: Imagine a project with NTP on January 1 and [...] Read More
The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims
Published Date: August 23, 2023
The Boards of Contract Appeals, Court of Federal Claims, and the Federal Circuit have long held that the elements of a claim under the Contract Disputes Act (“CDA”) to be jurisdictional. Those requirements are as follows: (a) Claims generally.-- (1) Submission of contractor's claims to contracting officer.--Each claim by a contractor against the Federal Government relating to a contract shall [...] Read More
FINAL GUIDANCE ISSUED ON INFRASTRUCTURE BILL DOMESTIC SOURCING REQUIREMENTS: “BUILD AMERICA, BUY AMERICA”
Published Date: August 18, 2023
On August 15, 2023, the Office of Management and Budget (“OMB”) released its final guidance to federal agencies regarding the implementation of the Build America, Buy America (“BABA”) requirements under the Infrastructure Investment and Jobs Act (“IIJA,” or “Bipartisan Infrastructure Bill”). Visit our Government Contracts Law blog here to read more about the final guidance. Read More
Electronic Signatures are Beneficial, but Come with Security and Legal Risks
Authors: Kellie M. Ros,
Published Date: August 15, 2023
This article was written for the Texas Contractor and first appeared here. While the concept of signing a document electronically is nothing new, its prevalence in the construction industry is picking up speed. Industry leaders (and those who wish to become leaders one day) must educate themselves on the concept of e-signatures and the implications they may have on the [...] Read More
The Clock is Ticking: Construction Delays and Liquidated Damages
Authors: Tiffany A. Harrod,
Published Date: August 15, 2023
This article was written for the ConsensusDocs newsletter and first appeared here. With the on-going shortage of construction workers in the industry and other factors ranging from weather to procurement problems, the threat of project delay is real. When a contract contains a liquidated damages clause for assessing project delays, real financial consequences for contractors can result. Courts have long [...] Read More
