Since 1978, Peckar & Abramson has provided comprehensive counsel to federal, state, and local government contractors. From our extensive experience serving government contractors in connection with construction and infrastructure projects, we have gained invaluable insight into government contracting, which allows us to support contractors in various industries in all aspects of government contracting.
We counsel and represent government contractors, from bid preparation, to claims, to compliance, to trials and hearings before a wide array of applicable tribunals — all with our unwavering Results First℠ mindset squarely in focus.
Government contracts can be profitable and successful — as long as contractors understand and appreciate the applicable regulations. Our team has counseled government contractors on virtually every aspect of the Federal Acquisition Regulations (FAR) as well as state-specific rules.
We apply special focus to the cost principles in invoicing, change orders and claims. This helps clients establish procurement, accounting and record-keeping procedures that demonstrate reasonable incurred costs in a manner acceptable to the government.
Peckar & Abramson’s government contracts attorneys have authored books and articles on numerous aspects of federal government contracting, including bid protests, claim preparation and litigation, corporate compliance and ethics programs, government contract accounting and the practical aspects of defending against ethics complaints brought by the government.
Peckar & Abramson’s Government Contracts Group helps clients:
We support government contractors of all sizes in all aspects of government contracting. We:
In most cases, resolving disputes before the client sets foot in court is the best course of action for their business. We have an exceptional record of successfully negotiating and mediating issues worth hundreds of millions of dollars. We avoid and minimize litigation and liability by:
However, when litigation is necessary, our attorneys are experienced and trial-ready. They have a record of achieving favorable results before a number of courts and agencies, on the local, state, and federal levels, including:
The regulatory environment has evolved to become a minefield of exposure. Our Corporate Integrity and Compliance Group works with our Government Contracts Group to help clients identify problem areas that could flag regulators and achieve full compliance. We assist clients in developing strong compliance programs and internal controls, aligning internal processes and conducting independent investigations and risk assessments.
Government contract work must be approached comprehensively and with the resources of a full service firm. Consider the following hypothetical:
Most federal supply and construction projects are governed by domestic preference requirements such as the Buy American Act, which require that materials be manufactured in the United States of America. A contractor accused of failing to comply faces challenges beyond government contract questions. Is the compliance program working? Should a compliance audit be conducted? Are internal controls adequate? Is there exposure under the False Claims Act, the False Statements Act or other federal laws?
Our government contract team is well versed in compliance and, when needed, white-collar matters that may emanate from compliance concerns.
Lawsuits under the False Claims Act are rampant. Numerous reputable companies have paid hefty prices as a result of False Claims Act prosecutions. Our attorneys have extensive experience representing government contractors who find themselves the target of allegations of false claims, corruption and the violation of other federal laws.
We counsel Fortune 500 companies as well as small/midsize companies that work in a number of industries, including:
We offer a comprehensive catalog of services including:
Peckar & Abramson is the go-to legal source for government contractors in a variety of industries across the globe. The firm’s all-encompassing knowledge of construction and infrastructure projects enables us to be laser focused on making projects profitable and successful for clients.
Effective May 10, 2020, the City of New York enacted a law prohibiting most public and private employers from testing prospective employees for marijuana pursuant to a pre-employment drug test. The prohibition was added as a new basis of unlawful employment discrimination pursuant to the New York City Human Rights Law (“NYCHRL” – Section 8-107, […]
The Government is Here to Help You – Be Careful: Best Business Practices in the Post-COVID World. Presentation in conjunction with Guidepost Solutions LLC on May 14, 2020.
The article “Is My Lawyer a Robot? Technology’s Impact on Professional Services,” written by Adam P. Handfinger, Co-Managing Partner of Peckar & Abramson’s Miami office, and Rob M. Drover, Vice President of Business Solutions at Marcum, was published in the Daily Business Review/Law.com on May 14, 2020. Adam and Rob discuss the readily available technologies […]
On Wednesday, May 13, 2020, New Jersey Governor Phil Murphy issued Executive Order 142 providing for the resumption of non-essential construction projects in New Jersey as of Monday, May 18, 2020 at 6 a.m. Paragraph two of the Order, which can be viewed here, includes mandatory health and safety protocols to be followed. For a […]
Frank Hess, Senior Counsel with Peckar & Abramson’s Construction and Infrastructure practice, passed away on May 3, 2020 at the age of 61. Frank was known at P&A and by peers in the New Jersey and New York construction bars as a gifted attorney, trusted colleague, and tenacious litigator who possessed a high degree of […]
Over the next several weeks and months construction projects that had been shuttered will be restarted and new projects will be commenced. This Alert provides a checklist of issues that should be considered before starting or restarting such projects. These issues are drawn from lessons learned on “essential” projects that continued in hard-hit areas, guidance […]
Jerry Brodsky was quoted in an article titled, “Florida’s plan to build 330 miles of new toll roads,” which appeared in Florida Trend Magazine on April 27, 2020, and discussed the state’s interest in developing three new corridors stretching into rural parts of the state. Brodsky’s comment concerned Florida’s strong reputation internationally as a business […]
All of us practicing law during these interesting times have come across situations in which we must apply long-standing rules to unique and ever-changing fact patterns. An example of this occurred in Vasquez v. City of Idaho Falls, Case No. 4:16-CV-00184-DCN (D. Idaho Apr. 13, 2020). In that case, the plaintiff’s racial-discrimination and retaliatory-discharge claims were […]
Stephen Katz, Chair of Peckar & Abramson’s Corporate Law Practice, participated in a Q&A forum on May 6 with AJ Sercombe of Lockton Companies, answering various questions related to PPP and the CARES Act. To watch the recording, click here.
COVID-19 Construction Update: Claims and Related Coverage Issues. Presentation in conjunction with Saxe Doernberger & Vita on May 6, 2020.
For many years now, we have seen hackers break into, hold for ransom, and destroy the IT systems of well-known finance, health care, and retail giants. During that same time, the construction industry, along with many other industries, may have felt a certain false sense of security that hackers were not (or at least seemingly […]
As one of three founding members of CONSTRULEGAL®, we are pleased to share CONSTRULEGAL®’s first COVID-19 Alert. The alert includes three articles by founding members discussing the impact of COVID-19 on the construction industry, including “COVID-19: Lessons Learned from the Frontlines in New York, New Jersey and Around the U.S” by Peckar & Abramson Partners […]
Peckar & Abramson, PC (P&A) is pleased to announce that the firm has again been recognized by Chambers & Partners USA in the area of Construction Law at the Band 1 level Nationwide, the highest level. P&A stands alone in its distinction of being named a Band 1 firm in Construction Law nationally each year […]
“Construction Cyber Hygiene: A Staple in Today’s Infectious World,” written by Richard Volack, Chair of Peckar & Abramson’s Cyber Security & Data Privacy practice, was published by Construction Executive on April 22, 2020. Richard discusses some of the more recent social engineering, phishing, data security and ransom ware attacks that have arisen around COVID-19 and […]
Mark Berry and Sabah Petrov‘s article, “Make Certain Drone Policies Also Manage Risk,” was published by Construction Executive on April 15, 2020. Mark and Sabah discuss how conformity with FAA regulations is just the start to a robust and legally compliant UAS program for contractors deploying unmanned aerial systems (UAS or drones) in their construction […]
Managing Subcontractor Default Risks During COVID-19: Part 2. Presentation in conjunction with FMI, Markel, and Hudson Insurance Group on April 21, 2020. To view the webinar recording or download the presentation slides, click here.
Gregory Begg, Co-chair of Peckar & Abramson’s Labor Relations and Employment Law Practice, recently answered Construction Dive readers’ coronavirus legal questions as part of the publication’s “April Mailbag” feature. Questions include: (1) How does a contractor safely know if his or her projects are essential? (2) Are there penalties on essential government projects if a […]
On April 17, 2020, the Department of Homeland Security Cybersecurity and Infrastructure Agency (“CISA”) issued Version 3.0 to the Guidance on the Essential Critical Infrastructure Workforce, which originally was published on March 19, 2020 (“CISA Guidance”). One key aspect of Version 3.0 is additional clarification on whether construction is essential. During the COVID-19 response, State […]
National Association of Surety Bond Producers – Let’s Get Surety Podcast: Taking A Closer Look at Force Majeure Clauses in Today’s Environment. Listen on Apple Podcasts here.
GWP Constructing Brands Podcast: Navigating the CARES Act with Stephen Katz. April 2020. Learn more about the podcast episode here.