Alexander Gorelik and Barbara A. Duncombe | Taft Stettinius & Hollister A recent opinion from the Armed Services Board of Contract Appeals (ASBCA) suggests that contractors may be able to appeal before receipt of a contracting officer’s final decision (COFD) when the government seeks to delay issuing a decision. On April 3, 2024, the ASBCA addressed the… Continue reading Contractors May Be Able to Appeal Despite Government’s Delay in Issuing Its Final Decision
Tag: Construction Delay
Specification Challenge; Excusable Delay; Type 1 Differing Site Condition; Superior Knowledge
David Adelstein | Florida Construction Legal Updates An Armed Services Board of Contract Appeals dispute, Appeal of L.S. Black-Loeffel Civil Constructors JV, ASBCA No. 62402, 2023 WL 5827241 (ASBCA 2023), involved which party bore liability for delay—the federal government or the prime contractor–based on various legal theories. Without detailing the factual details, a number of interesting… Continue reading Specification Challenge; Excusable Delay; Type 1 Differing Site Condition; Superior Knowledge
Is the Event you are Claiming as Unforeseeable Delay Really Unforeseeable?
David Adelstein | Florida Construction Legal Updates Is the item or event you are claiming as an unforeseeable, excusable delay really unforeseeable? This is not a trick question. Just because your construction contract identifies items or events that constitute unforeseeable, excusable delay does not mean those items can be used as a blanket excuse or crutch for… Continue reading Is the Event you are Claiming as Unforeseeable Delay Really Unforeseeable?
Seven Proactive Steps to Avoid Construction Delay Disputes
Michael Pink | Construction Executive Delays, cost overruns and disputes have long been part of the commercial construction industry, making the work of reactive forensic analysis by consultants and attorneys a necessary component. Yet many internal practices and issues within construction companies strongly correlate with projects that result in legal disputes and financial losses. There… Continue reading Seven Proactive Steps to Avoid Construction Delay Disputes
Moving Projects Forward in Face of COVID-19
Courtney Lynch | Kilpatrick Townsend & Stockton Where we are. Though most cases are mild, the number of coronavirus (COVID-19) cases worldwide has now passed 115,000. The World Health Organization has called the coronavirus a pandemic. Last night, on a live broadcast, the President announced certain new travel restrictions from continental Europe for 30 days. Cities… Continue reading Moving Projects Forward in Face of COVID-19