Newsletter

Incorporation by Reference and Flow Down Obligations

By: Richard S. Robinson Senior Counsel, Peckar & Abramson, P.C., New York, New York How Low Does It Flow? Can a General Contractor Rely upon an “Incorporation By Reference” Clause…

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Is Your SAM Registration Active? If Not, You Risk Losing an Award

The last few years have seen a number of protest decisions addressing whether offerors comply with the requirement to be registered in the System for Award Management (SAM) at the…

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Leftover Equipment and Materials When a Contractor Is Abruptly Terminated

Termination for cause is costly and adversarial and has been covered in this article. But can a terminating party use equipment and tools left behind on the worksite (i.e., a…

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Licensing Failures: One Strike and You Are Out

By: William L. Baggett, Jr., Smith, Currie & Hancock LLP Over three decades ago, I obtained my first law license. After the bar exam, my sarcastic, long-time mentor remarked that…

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Limitations: There is a Point of No Return

After nearly any event that causes inefficiency, delay, or extra cost on a project, there are some things you should always do: review the contract and document the inefficiency, delay,…

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Navigating Through Deletions to the Scope of Work

By: Dorthy Koncur, Associate, Peckar & Abramson, P.C. Disputes regarding changes in the scope of work constitute one of the most frequently litigated areas of construction law. Although the vast…

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New Certification Requirements for Veteran-Owned Small Business Concerns and Service-Disabled Veteran-owned Small Business Concerns Seeking Public Procurement Contracts

Effective January 1, 2023, Veteran-Owned Small Business Concerns (VOSBs) and Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBs) will be required to obtain Small Business Administration (SBA) certification to participate in any…

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New Decision Creates Mandatory Litigation Stay in Favor of Arbitration

On June 23, 2023, the Supreme Court of the United States in Coinbase, Inc. v. Bielski held that all federal courts must stay litigation proceedings while a motion to compel arbitration is…

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New Opportunities for “Small” Construction Contractors as SBA Adjusts Its Size Standards Again Due to Unprecedented Inflation

Thanks to the SBA’s November 17, 2022 adjustments to the size standards and monetary thresholds, a number of construction contractors will be able to retain their “small” status, and more…

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