Michelle D. Coleman and John Nakoneczny | Crowell & Moring In StructSure Projects, Inc., ASBCA No. 62927, the Armed Services Board of Contract Appeals (Board) granted an appeal seeking recovery for increased costs resulting from the COVID-19 pandemic. The underlying task order involved design and alteration services for existing medical facilities at Travis Air Force Base,… Continue reading COVID Costs Claim Succeeds: Contractor Entitled to Recover for Performance of Contract Despite Base Closure
Month: September 2023
Contractor Recovers COVID-19-Related Additional Costs
Aron C. Beezley and Lisa Markman | BuildSmart The Armed Services Board of Contract Appeals (ASBCA), in the case of StructSure Projects, Inc., recently granted COVID-19-related costs to a contractor under a fixed-price contract. The key facts, holdings, and takeaways from this noteworthy case are discussed below. The Facts The government awarded the contractor a… Continue reading Contractor Recovers COVID-19-Related Additional Costs
Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement
Vincent Fernandez, Jamal McBroom, Michael Montgomery and Samantha Wuschke | Butler Weihmuller Katz Craig Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers in a subsequently filed litigation for the same claim.… Continue reading Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement
The DOL Issues Final Rule “to Modernize the Davis Bacon Act.”
Fiona W. Ong | Shawe Rosenthal Under the Davis-Bacon Act, construction companies are required to pay a federally-set prevailing wage and benefit rate to employees performing work on federal contracts or subcontracts. The U.S. Department of Labor, which enforces the Act, has issued a final rule that drastically revises contractor obligations. According to the DOL’s press release, the… Continue reading The DOL Issues Final Rule “to Modernize the Davis Bacon Act.”
Colorado Statute of Limitations Defense May Not Apply in Arbitration
Laurie Choi, Amanda McKinlay and James Snow | Snell & Wilmer The construction industry often prefers arbitration for dispute resolution. This is evident as 2022 data demonstrates that construction disputes comprised a significant share of the disputes handled by arbitration organizations.1 Just as arbitration has its advantages for our industry clients, e.g., speed, efficiency, and flexibility, it is… Continue reading Colorado Statute of Limitations Defense May Not Apply in Arbitration