article thumbnail

Back to the Future with “Navigable Waters of the United States”

Green Building Law Update

Department of the Army finalized a rule adding an applicability date to the 2015 Rule (that never went into effect) defining “waters of the United States.”. United States , 547 U.S. There has been obfuscation of what “waters of the United States.” 715 (2006).

article thumbnail

Maryland is First State to Legislate Permitted Use of PFAS

Green Building Law Update

At worst, Maryland could have been criticized along with the Federal government and other states, for failing to regulate PFAS as a hazardous substance. But then, some days ago Maryland did what no other state (nor the Federal government) has done. actually 3 separate bills) expressly permitting PFAS (. It passed legislation (.

Maryland 177
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

CBCA Offers Potential Insight Into How Board Will Handle Claims Related to COVID-19

Constructlaw

The United States Civilian Board of Contract Appeals (the “Board”) recently issued a decision that may be particularly pertinent in light of the COVID-19 pandemic. 3 Additionally, the contract permitted the contractor to recover time, but not money, for excusable delays as defined in Federal Acquisition Regulation (“FAR”) 52.249-10.

Claims 52
article thumbnail

Brrrrrr, It’s Cold! How to Best Prepare a Delay Claim for Unusually Severe Weather

Best Practices Construction Law

2009) , the contractor involved in building a 53-mile road around the island of Babeldaob submitted to the Corps a claim for delays and additional costs incurred because of high humidity, rainy weather and moist soils encountered on the project. The government filed a counter-claim alleging fraud and other violations.

Claims 48
article thumbnail

The Sovereign Acts Doctrine Strikes Back: COVID Costs Are Its Latest Victim

Federal Construction Contracting Blog

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. The CO denied the claim and the contractor appealed.

Defense 59
article thumbnail

In Construction, There’s A Tattletale And There’s What is Right

Best Practices Construction Law

Waukegan Steel, LLC , an employee brought a False Claims Act (FCA) against his employer for false billing and certification on a goverment project. While the court’s decision focused on the type of allegations necessary to prove fraud on the FCA, the opinion is instructive to avoid FCA claims. Jesse Sloan v. 3730(b).

Claims 63
article thumbnail

GIVEAWAY #5: AUTODESK SWAG PACK

Construction Junkie

ELIGIBILITY: This contest (“Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years or older at the time of entry. No transfer, substitution or cash alternative permitted, except by Construction Junkie, LLC in its sole discretion.