Articles

Contractors Are Confronting The Realities Of A Federal COVID-19 Vaccine Mandate

By Sarah K. Bloom, Associate and Gregory M. Wagner, Associate, Watt, Tieder, Hoffar, & Fitzgerald, LLP. Since September 9, when President Biden issued his Executive Order imposing a sweeping vaccine…

Read More

Contractors Pay Heed: The Federal Circuit Clarifies Two Important Issues For Bid Protestors

By: Andrew Balland, Associate, Watt, Tieder, Hoffar & Fitzgerald, LLP. The United States Court of Appeals for the Federal Circuit (Federal Circuit) recently decided two cases that are relevant to…

Read More

Contractual Fee-Shifting in Litigation: Who Pays the Price?

When disputes on a construction project escalate to litigation, general contractors may find themselves entangled in a costly and time-consuming legal battle. One important concept to understand is contractual fee-shifting…

Read More

Cost-Plus Gains Traction in the Face of Price Uncertainty

Cost-of-the-work agreements (aka “cost plus” contracts) are commonly used in commercial construction contracting to establish the terms and conditions for a project based on the cost of the work performed.i…

Read More

Court Invalidates Project Labor Agreement Mandate on Federal Construction Projects

In a decision published on January 21, 2025, the U.S. Court of Federal Claims struck down the Biden administration’s policy requiring Project Labor Agreements (PLAs) on large-scale construction projects. Signed…

Read More

Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts

By: Ted R. Gropman, Partner, and Cindy J. Lee, Associate, Pepper Hamilton LLP On April 17, the California Court of Appeal decided Crosno Construction, Inc. v. Travelers Casualty & Surety…

Read More

Court Sharpens The “Sword” And Strengthens The “Shield” Of Contractors’ License Law

Performing construction work without the necessary license can have significant repercussions on a contractor’s business. California in particular has become known for its imposition of “strict and harsh” penalties for…

Read More

Covenants vs. Conditions in Construction Contracts

By: Michelle Rosenberg, Associate, and Marion T. Hack, Partner, Troutman Pepper Hamilton Sanders LLP It is sometimes overlooked that clauses in contracts requiring performance are not treated the same in…

Read More

COVID-19 and Mutual Responsibility Clauses

By: Joseph M. Leone, Partner, Drewry Simmons Vornehm, LLP As everyone knows, there is a tremendous amount of uncertainty in the construction industry due to the COVID-19 pandemic. Schedules, productivity,…

Read More