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Subcontracts Subcontractors

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

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

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

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

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

Williams Mullen

New Virginia Prompt Payment Statutes Invalidate Most 'Pay When Paid' Clauses

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On April 27, 2022, the Virginia General Assembly passed Senate Bill 550, which makes “pay when paid” and “pay if paid” clauses unenforceable in most circumstances and requires both public and private construction contracts to...more

Saul Ewing LLP

Delaware Court Shows Importance of Order of Priority Clauses

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A recent bench trial in Delaware State Court ruled that a subcontractor was entitled to payment from a general contractor because an order of priority clause gave priority to a bid proposal contract term that barred a...more

Bradley Arant Boult Cummings LLP

Miller Act Suit Stayed until CDA Remedies Exhausted

A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements...more

Dorsey & Whitney LLP

Northern District of Texas Refuses to Enforce Purported Pre-Filing Qui Tam Claim Release on Public Policy Grounds

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On April 30, 2021, a Northern District of Texas judge denied a motion to dismiss an FCA qui tam action alleging “a fraudulent scheme to obtain Government subcontracting opportunities reserved for eligible small businesses...more

Parker Poe Adams & Bernstein LLP

New Executive Order Sets $15 Minimum Wage For Federal Contractors

On April 27, President Biden issued an executive order requiring federal contractors and covered subcontractors to pay a $15 per hour minimum wage beginning January 30, 2022. The order also requires contractors to incorporate...more

Holland & Knight LLP

Aspectos relevantes al proyecto de reforma en temas de subcontratación en México

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El Ejecutivo de México presentó la Iniciativa de reforma el 12 de noviembre de 2020, ante Cámara de Diputados, para reformar diversas leyes en el tema de la subcontratación. El objetivo principal es evitar la evasión fiscal y...more

Akin Gump Strauss Hauer & Feld LLP

A Strict Approach to Notices as a Condition Precedent to Entitlement: The Impact for Contract Drafters and International...

Maeda Corporation and China State Construction Engineering (Hong Kong) Limited v Bauer Hong Kong Limited handed down in the Hong Kong Court of Appeal has significantly elevated the fundamental importance of so-called...more

White & Case LLP

The Construction Industry, Insolvency and Directors’ Liabilities

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A Singaporean construction company in liquidation has successfully sued one of its former directors for failing to act in the best interests of the company, highlighting the importance of directors being aware of, and...more

Bradley Arant Boult Cummings LLP

Casting the First Stone: Contractors Considering Default Termination Should Examine Which Party Committed First Material Breach -...

During a construction project, circumstances may arise that lead a general contractor to consider termination of a subcontractor’s right to proceed under the subcontract. The Randy Kinder Excavating v. J.A. Manning...more

PilieroMazza PLLC

Legal Advisor Newsletter - Third Quarter 2018

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The topics in the Legal Advisor focus primarily on corporate and business matters, federal contracting, employment law, intellectual property and electronic commerce. We encourage our readers to communicate their views to us...more

Williams Mullen

The Benefits of Commercial Item Contracting

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Commercial Item Contracting is intended to benefit both the government and contractors, but those benefits can sometimes get lost in the shuffle. Reminding the parties why Commercial Item Contracting was implemented can help...more

Williams Mullen

Negotiating Subcontracts From Both Sides

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Although they share an ultimate customer, the interests of a prime contractor and a subcontractor are often divergent. Careful consideration and negotiation of subcontract terms can help to ensure there is a fair balance...more

Troutman Pepper

Arbitration Award Ruling That, Because of Cultural Differences, a Local Afghan Subcontractor Is Not Bound by the F.A.R. Provisions...

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Aspic Eng’g & Constr. Co. v. ECC Centcom Constructors, LLC, No. 17-cv-00224-YGR, 2017 U.S. Dist. LEXIS 111767, at *10-12 (N.D. Cal. July 18, 2017) - This matter came before the Court on a motion to vacate a final...more

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