Client Alerts & Publications
Effective Strategies for Managing Subcontractor Enrollment in a Volatile Market
Authors: Brett J. Moritz, Ricky Robinson
Published Date: September 19, 2023
This article was written for the ConsensusDocs newsletter and first appeared here. The subcontractor enrollment process for contractors can be time-consuming and has the potential to delay a project before it starts. From verifying credentials, to negotiating legal terms, to defining project requirements, the entire process can take weeks, if not months. The delays present the possibility of variations between [...] Read More
The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims
Authors: Marcos R. Gonzalez,
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
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
Department of Labor Changes Prevailing Wage Rate Calculation and Other Davis-Bacon Regulations
Published Date: August 10, 2023
The Department of Labor (“DOL”) will soon issue final rules governing payment of workers on federal construction projects. Key changes include: Restructured calculation of “prevailing wages”; Incorporation of anti-retaliation measures to protect victims of violations; and Expanded rights to back wages where violations are found. The changes come as billions of federal dollars are being poured into new clean energy [...] Read More
