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

Best Practices Construction Law

In a recent Board decision dated December 13, 2023, the United States Army Corps of Engineers sought to amend its answer in the case of APPEALS OF – KELLOGG BROWN & ROOT SERVICES, INC., The proposed amendment introduces an affirmative defense, contending that Kellogg Brown & Root Services, Inc. under Contract No.

Defense 62
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There are More than 40 Million People in Modern Slavery

Green Building Law Update

Ignorance is not a defense. And that does not include forced prison labor, including for example the widely reported Chinese prison labor-derived nails that entered the United States.). There is no morally defensible reason for not doing everything in our power to end modern slavery and human trafficing.

Equity 257
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LEAN OpenJOC(TM) Job Order Contracting for Sustainable Facilities Repair, Renovation, and Minor New Construction

Job Order Contracting

The United Stated Air Force then expanded JOC into an efficient, well-defined process and it generally regarded as by experts as one of the leading practitioners of JOC. Controller General of the United States. Unite States Congress. Unite States Government Printing Office, House Document No.

Contract 100
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Updated Phase l Environmental Site Assessment is Published But.

Green Building Law Update

Major Holdings, LLC , held a party could not assert a CERCLA defense because its Phase l report did not comply with the EPA rule. For the unenlightened, this is hugely significant because a Phase l Environmental Site Assessment is conducted in the vast majority of the 5.6 9601) and petroleum products.”. yes, this blog will continue).

Site 156
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Contracting Offficer’s Belief That Contractor Could Not Meet Schedule Requirements Insufficient to Support Default Termination

Best Practices Construction Law

United States , the contractor who had been awarded a fixed price, time sensitive contractor to repair pavement at an Air Force base filed suit against the Department of Defense (“Agency”), alleging it had been wrongfully terminated for default. ” In Alutiiq Manf. Contractors, LLC v.

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A More Even Field: The Eleventh Circuit Overrules Its Precedent and Joins Most Circuits on the Applicability of Domestic FAA Grounds to Vacate Nondomestic Arbitration Awards[1]

Constructlaw

17] The court explained that its prior precedent erroneously “equated the defenses to recognition and enforcement with the grounds for vacatur” [18] and that this was “plainly and palpably wrong.” [19] 3d at 1446 (“[T]he Convention’s enumeration of defenses is exclusive.”). [13] 11] See, e.g. , Ario , 618 F.3d 3d at 292; Yusuf , 126 F.3d

AIC 52
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International Arbitration Experts Discuss The Impact On The Global Economy

Constructlaw

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. In those clauses, the overall success of COVID-19-based force majeure defenses is still unknown.

Claims 40