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Contract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative Defense

Best Practices Construction Law

The proposed amendment introduces an affirmative defense, contending that Kellogg Brown & Root Services, Inc. Background: The contract in question, executed on July 9, 2013, was for the construction of an Aegis Ashore Missile Defense System site in Deveselu, Romania, with a firm, fixed-price amount of $134,211,592.

Defense 62
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How to File a Lawsuit After an Injury At a Construction Site?

Construction Marketing

Defenses to a Construction Site Injury Lawsuit There are a few defenses that companies and individuals can use if you file a lawsuit against them after a construction site injury. This defense is often used in cases where the worker was not provided with proper safety equipment or where the worker did not follow safety protocols.

Injury 253
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Texas Court of Appeals Enforces Arbitration Agreement Provision Delegating Issues of Arbitrability to Arbitrator

Constructlaw

The contract contained an agreement to arbitrate any disputes with the American Arbitration Association (AAA) under the Federal Arbitration Act (FAA). The Caballeros’ petition recognized that the contract contained an arbitration agreement. LEXIS 1870, 2022 WL 839429 (Mar. Taylor appealed. Full Opinion (PDF).

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Is the Best Defense Always a Good Offense?

Construction Dive

It’s an old sports cliché: the best defense is a good offense. The engineering services agreement said that in the event of a dispute, the losing party would pay the winning party’s attorney fees. In claims litigation, this strategy has been in evidence for years.

Defense 48
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Recent Decision Highlights the Potential Pitfalls in General Releases

Federal Construction Contracting Blog

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. The parties ultimately reached a settlement agreement regarding these claims. While these appeals were pending but before the execution of the settlement agreement, T.H.R. Enterprises, Inc. ,

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ASBCA Says “Not So Fast” to Contractors Seeking Relief from Pandemic Impacts

Federal Construction Contracting Blog

Notable about this case is the contractor’s invocation of a July 2, 2020 Department of Defense (DoD) memorandum concerning the financial consequences on contractors with firm-fixed-price contracts lacking an economic price adjustment clause during “historic and unprecedented challenges” in the wake of the pandemic’s onset.

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Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Construction and Infrastructure Law

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project.