Best Practices Construction Law
MARCH 10, 2020
In the world of construction contracts, preservation of claims made in hindsight does not always get you what you want. As to the preservation of the contractor’s claim, the ASBCA held that the contractor submitted its claim for delay damages after receipt of final payment. In Appeal of Matcon Diamond, Inc. 59637 (Feb.
NH Construction Law
JUNE 26, 2023
The federal False Claims Act (FCA), 31 U.S.C. § imposes liability for knowingly making a false or fraudulent “claim,” or a false record or statement material to such a claim, in order to obtain funds from the federal government. § 3729 et seq., 31 U.S.C. § § 3729(b)(2). In United States ex rel.
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Federal Construction Contracting Blog
FEBRUARY 22, 2024
filed a protest with the contracting officer asserting that Sanford was not a small business because it received significant contract awards between 2019 and 2023, which, when averaged, exceeded the procurement’s applicable size standard. The contracting officer forwarded the protest to the cognizant SBA Area Office (Area Office).
Federal Construction Contracting Blog
DECEMBER 9, 2022
The Armed Services Board of Contract Appeals (ASBCA) recently issued a decision regarding a contractor’s claim for increased performance costs due to the economic impact of the COVID-19 pandemic. The Navy denied the claim, and the contractor appealed that decision to the ASBCA. The Navy denied these requests.
Federal Construction Contracting Blog
JUNE 7, 2022
As two recent Armed Services Board of Contract Appeals (the Board) decisions involving contractor claims for COVID-19-related costs illustrate, the distinction between these two roles can make or break a contractor’s claim. As the Court of Claims in Jones v. On appeal, the Air Force asserted the Sovereign Acts defense.
Federal Construction Contracting Blog
JUNE 24, 2022
the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. Claims under TOs 22 and 25 were the subject of a contracting officer’s final decision, the denials of which T.H.R. brought suit in the Court of Federal Claims on the TO 26 claim.
Best Practices Construction Law
MAY 12, 2014
I recently learned that these principles may not apply to a public owner’s claims against design professionals and contractors. For example, in Tennessee, claims regarding improvements to real property must be brought within four years of substantial completion of the project, regardless of the date of discovery. In State v.
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