David Adelstein | Florida Construction Legal Updates A dispute pending in the Armed Services Board of Contract Appeals (ASBCA) dealt with interesting legal issues on a motion to dismiss. See Appeals of McCarthy Hitt-Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (ASBCA 2023). The dispute involves a contractor passing through subcontractor claims due to impacts… Continue reading Ruling Dealing With Constructive Changes, Constructive Suspension, and the Implied Covenant of Good Faith and Fair Dealing
Tag: Covid-19
Court Rejects Contractor’s Claim That COVID-19 Rendered Performance Impossible
John Mark Goodman | BuildSmart A fundamental premise of contract law is that promises must be kept. If legally enforceable promises or “contracts” are not kept, courts may step in to enforce them by ordering performance, awarding damages, or granting some other form of relief. Over time, courts have developed exceptions to the general rule that… Continue reading Court Rejects Contractor’s Claim That COVID-19 Rendered Performance Impossible
COVID Costs Claim Succeeds: Contractor Entitled to Recover for Performance of Contract Despite Base Closure
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
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
Back to (Construction) Work after COVID
Meredith Freeman | Shutts & Bowen As the nation begins the slow road to recovery following COVID-19 and initiates a return to the workplace, the construction industry – which has proven to be one of the most resilient industries throughout the pandemic – will continue to build momentum and evolve from the lessons learned over… Continue reading Back to (Construction) Work after COVID