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Action or Inaction by Federal Government Contracting Officials May Create a Constructive Change to the Contract Entitling the Contractor to Additional Time, Compensation, or Both

By: Erik M. Coon, Smith Currie & Hancock LLP Generally, a contractor on a federal government contract may be entitled to an equitable adjustment to the contract time, price, or…

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ALERT: Federal Court in Georgia Enjoins Enforcement of Federal Contractor/Subcontractor Vaccine Mandate Nationwide

By: G. Scott Walters, Partner, Smith, Currie & Hancock LLP.  On December 7, 2021, the United States District Court for the Southern District of Georgia issued a 28-page order enjoining…

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ASBCA Reminds Federal Contractors that Lack of Bonding Can Lead to Terminations for Default.

By: Alexander Gorelik Associate, Smith, Currie & Hancock LLP A pair of recent decisions from the United States Armed Services Board of Contract Appeals (ASBCA), addressing the appeals of Odyssey…

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Assessing Defective Design Liability on Federal Design-Build Projects

By: Dirk Haire Partner, Adam Hamilton Associate, and Dana Molinari Associate, Fox Rothschild LLP. A common misconception by many government officials is that a design-builder is always responsible for every…

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Becoming the Prudent Subcontractor: Navigating the Minefield of Interim Waivers

By: Matt Corder Summer Associate, Jones Walker LLP. Monthly progress payments are the lifeblood of construction. Subcontractors need prompt payment on a monthly basis to maintain cash flow and stay…

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Best Practices for Contracting Between Design Professionals? And How ConsensusDocs Contracts Can Help

Webinar Summary: Contracting between design professionals often raises risk management issues concerning the application and use of fundamental business terms, risk allocation between similarly aligned parties, and operational concerns related…

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Bidder Be Thoughtful: The Impacts of Disclaimers in Pre-Bid Reports

By: Joshua A. Morehouse Associate, Peckar & Abramson, P.C. When bidding a project, subsurface or latent site conditions that are not immediately apparent can massively impact the costs of performance…

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Build Your Construction Contract On Solid Ground: Know The Documents You Incorporated By Reference!

By: Bradley Earl Sands, Associate, Jones Walker, LLP. A construction contract is the foundation of any construction project.  But a foundation is only as strong as the ground it is built…

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Building a Case: Document Management for Construction Litigation

By: Robert A. Gallagher, Jane Fox Lehman, and Michael I. Frankel, Pepper Hamilton LLP   Success in construction litigation often turns less on counsel’s ability to craft legal arguments and…

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