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Subcontracts

Robinson+Cole Construction Law Zone

New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable

Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is...more

Ward and Smith, P.A.

Risk Reduction Strategies for Construction Contractors in North Carolina

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Today's construction environment demands a lot from contractors who are pulled in multiple directions and whose responsibilities may seem limitless. Beyond performing good work, managing and effectively communicating...more

PilieroMazza PLLC

When a Protégé Rebels Against Its Mentor: The Price Contractors Pay for Not Knowing Fiduciary Duties

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What happens when a protégé rebels against its mentor? In a recent decision from the Eleventh Circuit, Yorktown Sys. Grp. Inc., v. Threat Tec LLC, the court had to deal with such a question after Threat Tec, the protégé and...more

Womble Bond Dickinson

DoD Instruction Intended to Protect Defense Supply Chain: Defense Contractors and Subcontractors Subject to Additional Filings and...

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Concerns regarding the integrity of the U.S. defense industrial base supply chain continue to grow. Similar to national cybersecurity risks, national security risks to the defense supply chain are asymmetric and can arise at...more

Bass, Berry & Sims PLC

SBA Final Rule Eliminates Self-Certification for Service-Disabled Veteran-Owned Small Businesses

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On June 6, the Small Business Administration (SBA) issued a final rule that, effective August 5, 2024, implements a provision of the National Defense Authorization Act for Fiscal Year 2024 (2024 NDAA), which eliminates the...more

Sheppard Mullin Richter & Hampton LLP

New Year, (Potentially) New Definition for “Subcontract”

In addition to prohibiting the flow-down of non-mandatory FAR/DFARS clauses (which we talk about here), the Department of Defense (“DOD”) Final Rule in connection with the Defense Federal Acquisition Regulation Supplement...more

Pillsbury Winthrop Shaw Pittman LLP

Proposed Rules Overhaul Cybersecurity Requirements for Government Contractors

The Federal Acquisition Regulation (FAR) Council has proposed two new cybersecurity rules that would impose significant obligations and risks for federal government contractors. The proposed rules impose substantial cyber...more

Holland & Knight LLP

Podcast - Navigating the TikTok Ban: Implications for Government Contractors

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In this episode of "Regulatory Phishing," government contracts and cybersecurity attorney Eric Crusius is joined by Jeremy Burkhart, an associate in Holland & Knight's Government Contracts Group. Mr. Crusius and Mr. Burkhart...more

Cozen O'Connor

DC AG Continues Constructing Wage Theft Settlements

Cozen O'Connor on

District of Columbia AG Brian Schwalb settled with Prestige Drywall LLC to resolve allegations that the construction company misclassified employees as independent contractors—resulting in the deprivation of overtime pay,...more

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: Follow-On Contracts

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more

Bradley Arant Boult Cummings LLP

Limitation of Liability in Extra Work Order Trumped by Subcontract

A federal court in Louisiana last week refused to enforce a limitation of liability provision included in an extra work order holding that it was trumped by the parties’ subcontract (see Planet Construction v. Gemini...more

Akin Gump Strauss Hauer & Feld LLP

‘No TikTok on Government Devices Act’—Implementation for Federal Contractors and Subcontractors

On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement the No TikTok on Government...more

Bradley Arant Boult Cummings LLP

So Now There’s a TikTok Ban for Government Contractors

On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule to implement a new statutory requirement that, in short, bans the TikTok app from devices used in...more

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: Limitations on Subcontracting

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more

Husch Blackwell LLP

Texas Jury Renders $10 Million Verdict in Novel Corporate Practice of Medicine Case

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Following two weeks of trial testimony, a Travis County jury recently rendered a $10 million verdict in a novel corporate practice of medicine (CPOM) case. The jury found in favor of a physician hospitalist group that claimed...more

Maynard Nexsen

FAR Council Publishes Rule to Ban TikTok Applications in Government Contracting

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Last Friday, the Federal Acquisition Regulatory Council published an interim final rule ("IFR") to ban the use of a ByteDance Covered Application (i.e., TikTok) in government contracting. The IFR is effective June 2, 2023....more

Bass, Berry & Sims PLC

Final Rule Makes Host of Changes to SBA Regulations

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On April 27, the Small Business Administration (SBA) issued a final rule which, effective May 30, will make a number of changes to the SBA regulations impacting small businesses. The regulations, finalizing the proposed rule...more

Bradley Arant Boult Cummings LLP

Incorporation Clauses: Does the Subcontractor Really Assume All Obligations of the Prime Contractor?

Many subcontracts contain a catch-all provision requiring the subcontractor to do everything the prime contractor is obligated to do under the prime contract. This is known as an “incorporation” clause because it adopts or...more

Bradley Arant Boult Cummings LLP

Don’t Overlook Your Subcontracts on Federal Projects

The Armed Services Board of Contract Appeals’ (“ASBCA or “Board”) decision in Fluor Intercontinental, Inc., serves as an important reminder to prime contractors to be cognizant of the clauses they include in subcontracts for...more

Venable LLP

Fourth Circuit Holds That Government Contractors Can Rely on Fiduciary Duty of Loyalty to Prevent Employees from Direct...

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The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously interfere with a business expectancy by competing against their employer for the...more

Davis Wright Tremaine LLP

Oregon Ruling Calls Into Question Quantum Meruit Claims in Construction Cases

On February 15, 2023, the Oregon Court of Appeals ruled that an excavation subcontractor, plaintiff Kizer Excavating Co., ("Kizer") could not maintain a quantum meruit claim against a general contractor, defendant Stout...more

Hahn Loeser & Parks LLP

Beware What Your Contract Says: It Just Might Be Enforced

When reviewing a contract, how often have you had the following thoughts: “That provision is so one-sided, there’s no way it will be enforced the way it’s written!” Or “I won’t worry about negotiating that provision; a court...more

Snell & Wilmer

Hogs Can Get Slaughtered on Fees in Utah if Their Claim is Too Greedy

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Construction contracts generally provide that the loser in a construction dispute must pay the attorneys’ fees of the prevailing party. But construction contracts, by their nature, can lead to outcomes in which it is hard to...more

Proskauer - Government Contractor Compliance...

OFCCP Launches Construction Contract Award Portal

OFCCP has launched its new online portal: the Notification of Construction Contract Award Portal (NCAP). NCAP is expected to modernize how OFCCP receives required notices about construction contract and subcontract awards by...more

Snell & Wilmer

Arizona Trial Court Holds Owner May Recover First-Party Consequential Damages From Subcontractor Despite Prime Contract Waiver

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In a recent Arizona case, the trial court held that an owner could sue a subcontractor directly for recovery of the owner’s consequential delay damages based on the subcontract’s express indemnity clause, notwithstanding that...more

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