Articles

Build America, Buy America Act (BABA) – Federal Highway Administration (FHWA) Compliance In the Spotlight

BABA is the most expansive domestic preference law in American history, requiring all federal funding on state and local projects to meet minimum BABA requirements for (1) iron and steel,…

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Build America, Buy America Act Final Guidance Effective October 23, 2023

The Office of Management and Budget’s (OMB) August 14, 2023, final guidance for the “Build America, Buy America” (BABA) Act requirements went into effect on October 23, 2023. OMB’s final…

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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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Call for Presentations for AGC-Sponsored Construction Super Conference

The 2024 Construction Super Conference (CSC) will occur at The Cosmopolitan of Las Vegas from December 9 – 11, 2024, and offer continuing legal education. This year’s Call for Presentations…

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Can an Unlicensed Contractor Recover Damages?

An Alabama appellate court decision held that an unlicensed contractor may not recover any damages from another party regardless of its conduct on the project. This begs the question: When can an…

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Certificates as Evidence of Additional Insured Coverage Are All the Rage, But You Deserve Better

By: Joseph L. Cohen Partner, W Mason Partner and Sean Milani-nia Partner, Fox Rothschild LLP.  Consider the following scenario: the construction project is ready to proceed.  The deal is done. …

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Changes To Commercial Item Contracting

The FAR Council has recently published two changes to commercial item contracting that clarify the definition of commercial services and simplify commercial item determinations (“CIDs”) for contracting officers (“COs”). Since…

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Changes to ConsensusDOCS Improve Forms, Lawyers Say

Nadine M. Post Engineering News-Record, February 2, 2011 Earlier-than-expected changes to ConsensusDOCS, the three-and-a-half-year-old library of model contracts for building design and construction, have been welcomed by lawyers who say…

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