David Adelstein | Florida Construction Legal Updates Under the Contract Disputes Act (41 USC 7101 en seq.), when a contractor submits a claim to the government in excess of $100,000, the claim MUST contain a certification of good faith, as follows: For claims of more than $100,000 made by a contractor, the contractor shall certify that– (A) the claim is… Continue reading Certifying Claim Under Contract Disputes Act
Category: Construction Claims
Don’t Forget to Certify Within Six Years: Recent Opinion Addresses Timeliness of Government Contractor’s Appeal
Douglas L. Patin, Aron C. Beezley & Amandeep S. Kahlon | Buildsmart On May 19, 2020, the Federal Circuit upheld summary judgment against a government contractor for failure to file a claim timely within the six-year time limit prescribed by the Contract Disputes Act (CDA). In Electric Boat Corp. v. Secretary of the Navy, the Federal… Continue reading Don’t Forget to Certify Within Six Years: Recent Opinion Addresses Timeliness of Government Contractor’s Appeal
Now is the Time for Construction Impact Claims
Alexandra Elena Busch and Christopher Moore Sweeney | Cozen O’Connor As most states, counties, and municipalities across the country lift restrictions on businesses and travel, it is easy to think the worst is behind us, especially for the construction industry. However, this is exactly when contractors should be evaluating their records and considering whether to… Continue reading Now is the Time for Construction Impact Claims
An Insurer’s Duty to Defend does not Extend to a Construction Claim that Falls Clearly Within a Policy Exclusion
Amandeep Kahlon and Alex Purvis | Build Smart On May 14, 2020, in James G. Davis Constr. Corp. v. FTJ, Inc., the Virginia Supreme Court upheld a judgment on an unjust enrichment claim in favor of FTJ, a drywall supplier on a condominium project, against Davis, the general contractor. Notably, FTJ did not have a purchase… Continue reading An Insurer’s Duty to Defend does not Extend to a Construction Claim that Falls Clearly Within a Policy Exclusion
Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results
John J. Gazzola | ConsensusDocs Skanska USA Bldg., Inc. v. J.D. Long Masonry, Inc., No. SAG-16-933, 2019 BL 336852, 2019 US Dist Lexis 152787 (D. Md. Sept. 9, 2019) This case concerns calculation of a damages award to a general contractor, Skanska USA Building, Inc., on its claim for breach of contract against its masonry… Continue reading Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results