Marcos R. Gonzalez | ConsensusDocs The Boards of Contract Appeals, Court of Federal Claims, and the Federal Circuit have long held that the elements of a claim under the Contract Disputes Act (“CDA”) to be jurisdictional. Those requirements are as follows: (a) Claims generally.– (1) Submission of contractor’s claims to contracting officer.–Each claim by a… Continue reading The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims
Month: November 2023
Beyond the Statute: How the Colorado Court Upheld Modified Accrual in Construction Contracts
Hal Baker | Higgins, Hopkins, McLain & Roswell In a case of first impression, the First Division of the Colorado Court of Appeals recently reviewed whether parties may contractually alter the accrual time established by Colorado’s statute of limitations for construction defect actions, C.R.S. § 13-80-104, in South Conejos Sch. Dist. RE-10 v. Wold Architects, Inc.,… Continue reading Beyond the Statute: How the Colorado Court Upheld Modified Accrual in Construction Contracts
Arbitration May Be Available Without An Express Direct Agreement in Utah
Mark Morris and Tyson Prisbrey | Snell & Wilmer Construction transactions are characterized by many contracts involving multiple parties. While the terms of the parties’ individual contracts generally govern their relationships, parties should be aware that, intentionally or not, other parties may be in a position to enforce dispute resolution clauses in other agreements. For… Continue reading Arbitration May Be Available Without An Express Direct Agreement in Utah
The Importance of Understanding When a Claim is a “Claim”
Kyle A. Rudolph | Saxe Doernberger & Vita It is well known that insurance policies universally impose a requirement that a “claim” be timely submitted. Unfortunately, this basic coverage condition is so well known that policyholders often overlook what exactly constitutes a “claim” under their insurance policy. A decision rendered by the United States District… Continue reading The Importance of Understanding When a Claim is a “Claim”
Quick Note: October 1, 2023 Changes to Florida’s Construction Statutes
David Adelstein | Florida Construction Legal Updates Effective October 1, 2023, there were changes to Florida’s statutory scheme dealing with construction projects. This includes Florida’s Lien Law. A copy of these changes can be found [here] which identify additions in blue and deletions with strikethroughs. No different than before, if you have questions or concerns as… Continue reading Quick Note: October 1, 2023 Changes to Florida’s Construction Statutes