Federal Construction Contracting Blog

DECEMBER 4, 2023

On October 3, 2023, the FAR Council released two proposed rules for federal contractor cybersecurity requirements that relate to cyber threat and incident reporting and information sharing (case 2021-017 ) and standardizing cybersecurity requirements for unclassified federal information systems (case 2021-019 ).

Contractors 52

Contractors Security Contract Subcontracting 52

Construction Dive

DECEMBER 1, 2016

By Bruce Jervis “Flow-down” clauses in subcontracts are interesting creatures. These broadly written provisions purport to pass through to the subcontractor every obligation the contractor has assumed toward the project owner.

Subcontracting 48

Subcontracting Contractors Construction 48

Federal Construction Contracting Blog

AUGUST 30, 2021

While the changes concern small business contracting requirements, they will impact business contractors of all sizes. For example, one of the rules makes noteworthy changes to the FAR’s Limitations on Subcontracting, resulting in a more friendly regulatory landscape for small business prime contractors.

Contract 52

Contract Subcontracting Contractors Regulation 52

ENR Construction

NOVEMBER 8, 2022

In the December 12 print issue, ENR California will include its annual Top Specialty Contractors ranking by both total regional revenue and by sector, featuring subcontracting firms from across California and Hawaii.

California 41

California Subcontracting Contractors Hawaii 41

ENR Construction

NOVEMBER 8, 2022

In the December 12 print issue, ENR Northwest will include its annual Top Specialty Contractors ranking by both total regional revenue and by sector, featuring subcontracting firms from across Washington, Oregon and Alaska.

Subcontracting 41

Subcontracting Contractors Alaska Oregon 41

Fieldwire

AUGUST 31, 2023

Here are the most important advantages and disadvantages of working as a subcontractor — and how to know if it’s a good fit for you compared to the life of a contractor. Subcontractors are specialists One of the biggest differences between subcontractor and contractor expectations is that clients often expect the latter to be generalists.

Subcontracting 98

Subcontracting Contractors Negotiation Employment 98

Job Order Contracting

OCTOBER 5, 2022

Lumps sum bids from contractors or subcontracts, historical costs, or benchmark cost data are reliable forms of cost estimation. Planning, procurement, and project delivery can be accomplished by disparate teams that lack integration through their respective life cycles. … Poor Assumptions Drive Disaster.

Life Cycle 221

Life Cycle Subcontracting Procurement Bidding 221

Construction Enquirer

JUNE 22, 2023

Experts are warning that contractors who engage scaffolders are a particular target for attention from the tax authorities. It’s quite apparent that this is part of a targeted campaign aimed at challenging the materials cost element included in invoices submitted by subcontractors for services provided to contractors. “A ”

Claims 100

Claims Materials Subcontracting Contractors 100

Construction Dive

SEPTEMBER 24, 2013

Here is the summary for the October 2013 addition: One of the new documents that the Engineers Joint Contract Documents Committee (EJCDC) has added is “C-523,” which addresses subcontracts.

EJCDC 48

EJCDC Subcontracting Documentation Procurement 48

Constructlaw

APRIL 11, 2023

The subcontract contained a pay-if-paid clause that made the city’s payment to Dewberry a condition precedent to Dewberry’s obligation to pay Entech. Despite a Virginia choice-of-law clause in the subcontract, Entech argued New York law applied, and the enforcement of the pay-if-paid provision violated New York public policy.

Lien 52

Lien Subcontracting New York Inspections 52

Construction Dive

OCTOBER 1, 2018

The winning bidder for the Richland-area decommissioned Hanford Site plant work, which includes demolition and infrastructure, must award at least 50% of subcontracted work to local businesses.

Subcontracting 101

Subcontracting Site Washington Infrastructure 101

Job Order Contracting

AUGUST 17, 2023

Validate Contractor and Subcontractor Quotes Obtaining comparative bids on all subcontracted work will not provide sufficient cost visibility. Both IPD and JOC have been proven for decades and are well evolved. Cost management can only be achieved through the process of owners created independent line item estimates.

Travel 176

Travel Construction CSI Subcontracting 176

Constructlaw

JULY 14, 2022

Arenson subsequently entered into a subcontract with Sweet to complete the Work (the Subcontract). The Subcontract contained two signature lines, one for “Sweet Construction Approval” and one for “Arenson Office Furnishings Approval.” ASD was not a party to the Subcontract.

Subcontracting 52

Subcontracting Banking Contract Claims 52

Constructlaw

JULY 20, 2023

This is a strong reminder to all tiers of the construction chain that Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA) allows substantially prevailing parties — whether owners, contractors, or subcontractors — to recover fees incurred in proceedings involving payment claims.

Claims 40

Claims Subcontracting Contractors Philadelphia 40

Construction Dive

APRIL 10, 2013

By Bruce Jervis Two recent cases involving the waiver of subcontract “pay-if-paid” clauses illustrate the uncertainty of enforcing these provisions. In one case, the prime contractor waived the right to enforce the clause against the subcontractor. In the other case, the contractor narrowly averted a waiver.

Subcontracting 52

Subcontracting Drafting Risk Claims 52

Constructlaw

APRIL 20, 2023

Army Corps of Engineers hired Relyant Global LLC to act as the prime contractor. Relyant subcontracted with Federal Engineers and Constructors, Inc. (FE&C). Relyant later terminated its subcontract with FE&C. The subcontract provided that Relyant “may retain … a maximum of ten percent (10%) of the amount of each invoice.”

Tennessee 52

Tennessee Subcontracting Missouri Claims 52

BD+C

SEPTEMBER 26, 2013

The newly revised ConsensusDocs standard subcontract ( ConsensusDocs 752 for federal work) will make it easier for general contractors and subcontractors to perform federal work. read more.

Subcontracting 40

Subcontracting Compensation Agreement Contract 40

Construction Enquirer

MAY 16, 2023

Cladding contractor FK Construction has won a high court ruling enforcing an adjudication requiring ISG pay it £1.69m. cladding subcontract arose when FK issued a £1.69m application for payment which was greeted with a payless notice and then not paid. The payment dispute over the £3.4m

Subcontracting 110

Subcontracting Claims Accounting Contractors 110

Contractor Bookkeeping

DECEMBER 4, 2020

One of the biggest concerns contractors have about outsourcing their bookkeeping to a cloud-based contractor accounting service like ours, is they think it means sending jobs off-shore rather than keeping your dollars in America where they can help other Americans. In too many cases, that is precisely what occurs.

Subcontracting 68

Subcontracting Accounting Contractors America 68

NH Construction Law

MAY 20, 2023

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction Lawyer

JANUARY 30, 2014

Weisel, a California resident hired Ryan, a California corporation, to be the general contractor for a residence in Hawaii. Ryan, in turn, subcontracted part of the work to Welch, a Hawaii corporation. Nor does the subcontract contain anything like Paragraph 24.3.3 into Welch''s subcontract is subject to two interpretations.

Subcontracting 40

Subcontracting Drafting San Francisco California 40

Construction Enquirer

MAY 17, 2023

HS2 is planning a meet the main contractor bidders day ahead of the next tranche of subcontract work tenders to progress civil engineering works and station fit-outs. The ‘Meet the Contractor’ event is designed to help businesses understand how to get ‘HS2-ready’ so they are in the best possible position to bid for upcoming work.

Subcontracting 98

Subcontracting Roads Maine Innovation 98

Best Practices Construction Law

NOVEMBER 21, 2019

Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed. Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement.

Contract 77

Contract Subcontracting Drafting Virginia 77

NH Construction Law

DECEMBER 19, 2021

When a contractor abandons or is terminated from a construction project before substantial completion, one of the first tasks for the owner/developer (or for the contractor’s performance bond surety if such a bond exists) is to locate and hire a completion contractor.

Contractors 40

Contractors Liability Bidding Contract 40

Construction Dive

DECEMBER 8, 2019

The contractor went to court over potential payout held up in holdback provisions during its 2011 acqusition of wholly-owned subcontracting firm Greenstar.

Subcontracting 62

Subcontracting Contractors 62

Construction Business Owner

JUNE 29, 2015

Twenty years ago, most contractors had a group of repeat customers, and price was not always the determining factor in the majority of projects awarded. Now, most general contracts and subcontracts are awarded based solely on the lowest price for the exact scope of work and terms specified for a project.

Subcontracting 120

Subcontracting Bidding Contract Contractors 120

Levelset

APRIL 28, 2022

In recent years, inflation, supply chain issues, and labor shortages have only increased the likelihood of project delays, performance issues, and contractor default. While general contractors commonly use performance bonds to reduce the risk of default, a bond ultimately protects the property owner, not the GC.

Insurance 52

Insurance Contractors Claims ABC 52

Autodesk Construction Cloud

NOVEMBER 15, 2021

Owners pass on certain risks (contractually) to general contractors, who may do the same thing when hiring specialty contractors. She recalls her experience speaking with a fellow attorney who had to go through a 129-page subcontract that could have been cut down to ten pages. “It’s Let’s meet in the middle.

Contract 52

Contract Contractors Negotiation Subcontracting 52

NH Construction Law

MARCH 28, 2021

For many years the Occupational Safety and Health Administration (OSHA) has implemented a Multi-Employer Citation Policy , under which more than one employer at a worksite – for example, a general contractor and a subcontractor – can be cited by OSHA for the same hazardous condition. In StormForce of Jacksonville, LLC , No.

Liability 40

Liability OSHA Contractors Employment 40

Construction Business Owner

APRIL 30, 2013

These policies are designed for the “at risk” construction manager (CM), general building contractor and design-build firm with an annual subcontract volume of $75 million or more. For some construction management firms, subcontractor default insurance policies offer a viable alternative to performance bonds.

Insurance 185

Insurance Subcontracting Procurement Risk 185

Pro Builder

JULY 20, 2021

The Best Way for Trade Contractors to Stay Out of the Courtroom. The best way for specialty trade contractors to stay out of the courtroom is to manage their clients’ expectations. Contract Essentials for Building Trade Contractors. Trade Contractors. Tue, 07/20/2021 - 07:00. Karalynn Cromeens. Labor Woes? Project Scope.

Contractors 98

Contractors Contract Legal Change Orders 98

Construction Enquirer

AUGUST 9, 2023

According to the failed contractors records published by administrator FRP Advisory, more than 700 firms have been hit by the collapse of the south east tower builder. When FRP was appointed £400m turnover Henry had 60 live sites with just 54 staff and a further 41 subcontracted quantity surveyors on the books.

Construction 86

Construction Subcontracting Contract Accounting 86

Federal Construction Contracting Blog

SEPTEMBER 28, 2021

In our last post , we detailed President Biden’s Executive Order 14042 regarding vaccination requirements for government contractors. The guidance states that where the new clause is included in a contractor’s contract (or subcontract), the vaccination requirements will apply to all “covered contractor employees.”

Contractors 40

Contractors Contract Compensation Subcontracting 40

Job Order Contracting

OCTOBER 25, 2017

During this operational phase of the JOC contract, procurement/facility management/engineering generate task orders for various construction services to be performed by the contractor. The contractor responds to the Job Order RFP by delivering a detailed unit price line item proposal for accomplishing the task.

Contract 100

Contract Subcontracting Estimating Engineering 100

Viewpoint Construction Technology

APRIL 19, 2018

They allow contractors to work smarter rather than harder. On the operations side, our Viewpoint Team Project Management solution continues to transform how contractors are working. We’re committed to helping our clients grow and profit by embracing and deploying the latest construction software and technologies.

Office 130

Office Innovation Viewpoint Contractors 130

Job Order Contracting

JANUARY 5, 2019

Initial basic intent was to speed procurement via the pre-selection of a pool of pre-qualified contractors, however, in may cases has evolved into an elimination of checks and bases associated with traditional procurement methods. No ability to subcontract—limited to trade specified in the contract. T and M Disadvantages.

Contract 100

Contract Construction Bidding Subcontracting 100

NH Construction Law

DECEMBER 22, 2019

If we look no further than this language, the first of these two methods of establishing third party beneficiary status appears to be a perfect fit in the usual owner-contractor-subcontractor relationship: through his subcontract, the subcontractor (promisor) is rendering a performance that the general contractor (promisee) owes to the owner.

Subcontracting 40

Subcontracting Contract New Hampshire Legal 40