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Construction Project Federal Contractors Armed Services Board of Contract Appeals

Davis Wright Tremaine LLP

What Constitutes a Reasonable Period of Time Under the Suspension-of-Work Clause?

In Granite Construction Company, ASBCA No. 62281 (November 1, 2023), the Armed Services Board of Contract Appeals ("Board") addressed the issue of what constitutes a reasonable period of time to suspend work under the...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

Burr & Forman

Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs

Burr & Forman on

Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to...more

Bradley Arant Boult Cummings LLP

Government Held Accountable for Delays to Fast Track Design Process

The Armed Services Board of Contract Appeals (the “Board”) recently held the government liable for design delays where the government prematurely required details in design submissions and failed to provide comments on design...more

Obermayer Rebmann Maxwell & Hippel LLP

ASBCA Holds the Government to Account for Changes to the Design Process that Delayed Construction

In an important case for architects and design-builders, the Armed Services Board of Contract Appeals (ASBCA) held that the United States Army Corps of Engineers (USACE) is liable for delays arising from design-reviewer...more

Stinson - Government Contracting Matters

Government’s Apparent Acquiescence Doesn’t Overcome “Plain” Contract Language

Despite “troubling” government conduct, the Armed Services Board of Contract Appeals (ASBCA) recently denied an appeal arising out of electrical work performed on a $38 million construction project involving the ground-up...more

Obermayer Rebmann Maxwell & Hippel LLP

ASBCA Confirms that the Government’s Failure to Identify a Defect During Construction is a Constructive Waiver of the...

Many federal construction contractors have been there: it’s near the end of the project and the government raises an issue with work that was done much earlier, but is not in strict compliance with the specifications. The...more

Baker Donelson

Bonds Required on Federal Construction Projects Even if Contract is Silent

Baker Donelson on

The Federal Circuit Court of Appeals very recently issued an important decision in K-Con, Inc. v. Secretary of the Army which requires a construction contractor to provide performance and payment bonds, even though the...more

Davis Wright Tremaine LLP

The Importance of Modifications and Schedule Updates When Faced with a Termination for Default

A recent decision by the Armed Services Board of Contract Appeals reminds us of the significance of release language in a modification, this time in the context of a contractor seeking to overturn a termination for default of...more

Bradley Arant Boult Cummings LLP

Recent Decision Underscores the Importance of Keeping Detailed and Accurate Daily Logs

The Armed Services Board of Contract Appeals’ (ASBCA) recent decision in Dick Pacific Constr. Co., Ltd, serves as an important reminder to federal construction contractors that keeping consistent and detailed daily logs is...more

Cohen Seglias Pallas Greenhall & Furman PC

Termination for Default Held Improper

A contractor performed a project involving the construction of stone dike extensions and other work at four sites on the Mississippi River. Nelson, Inc. ASBCA No. 57201 (December 15, 2015). One of the issues was whether the...more

Cohen Seglias Pallas Greenhall & Furman PC

Timely Documentation is Critical

In a recent decision by the Armed Services Board of Contract Appeals, Dick Pacific Construction Co., Ltd., ASBCA No. 57675 et. al., decided on December 15, 2015, the Board repeated something that has been said many times...more

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