BuildSmart

Developments of Interest to Design, Construction and Government Contract Professionals

A California federal court recently allowed a relator’s False Claims Act suit against two federal contractors to proceed where the relator’s allegations centered on purported noncompliance with federal cybersecurity requirements. As discussed below, this case should serve as a wake-up call to federal contractors, as it not only confirms that perceived noncompliance with federal cybersecurity requirements may give rise to liability under the False Claims Act, but it also provides a potential roadmap for other…
Effective representation of clients in construction mediations takes more than throwing together a mediation statement at the last second and showing up at the mediation. Doing it right requires the same kind of due diligence and work that goes into preparing for a key deposition or even trial. Great “mediation” lawyering is essential and is the best way to get to an acceptable deal. Over the years, I have compiled a list of the 10…
Most private construction contracts contain binding arbitration clauses and apply the “law of the state where the project is located.” While arbitration is less formal than court/litigation, legal defenses are often raised, including whether a claim is barred by a statute of limitation or, in the case of construction claims, a statute of repose. A statute of repose, as opposed to a statute of limitation, with a few exceptions, means that no matter when the…
In March, a Massachusetts federal court addressed whether a design-builder contractor could recover for breach of contract under an intended third-party beneficiary theory against a design firm hired by the project owner to complete 30% designs. In Arco Ingenieros, S.A. DE C.V. v. CDM International Inc., a Salvadoran contractor entered into a design-build agreement with the U.S. government to build eight schools and a health clinic in El Salvador as part of a hurricane relief…
The Department of Labor’s Office of Federal Contract Compliance Program (OFCCP) recently requested approval from the Office of Management and Budget (OMB) of a new approach to review federal construction contractors’ compliance with OFCCP’s Affirmative Action Program (AAP) and record-keeping requirements (view a copy of the supporting statement for the request). OFCCP hopes to employ less burdensome compliance checks in greater quantity as opposed to more intensive compliance reviews or audits. In addition, OFCCP plans…
The General Services Administration (GSA) recently announced that, “[d]ue to corrective action being taken in response to a U.S. Court of Federal Claims protest, the government has rescinded all contract awards made in response to solicitation no. QTA0016GBA0002,” which is for the Alliant 2 Small Business Governmentwide Acquisition Contract. What happened? The subject solicitation, which was originally issued in June 2016 and contained a total ceiling of $15 billion, sought proposals for the Alliant 2…
An Illinois appellate court recently addressed the scope of negligence liability for a slip and fall injury on a newly installed roof at the Chicago White Sox Stadium. In 2013, a maintenance employee slipped on the roof at the stadium and suffered severe muscle tears. The employee filed suit alleging negligence and strict liability against the White Sox, the roofing contractor, and the manufacturer of the roofing product. All three defendants moved for and were…
Please join Aron Beezley of Bradley and Bill Walter and Brad Tress of Dixon Hughes Goodman LLP, on Wed., March 13, 2019, from 11:00 AM (Eastern) to 12:00 PM (Eastern), for a FREE webinar on the latest trends and hottest topics in the world of bid protests. Among the important topics to be addressed by this panel of experts are the following: The most important bid protest decisions from 2018; GAO’s Bid Protest Annual Report…
On January 25, 2019, a Florida appellate court certified the following question to the Florida Supreme Court: WHERE A CONTRACT EXPRESSLY REQUIRES A PARTY TO INSPECT, MONITOR, AND OBSERVE CONSTRUCTION WORK AND TO DETERMINE THE SUITABILITY OF MATERIALS USED IN THE CONSTRUCTION, BUT THE PARTY FAILS TO DO SO AND INFERIOR MATERIALS ARE USED, ARE THE COSTS TO REPAIR DAMAGE CAUSED BY THE USE OF THE IMPROPER MATERIALS GENERAL, SPECIAL, OR CONSEQUENTIAL? The answer to…
For those firmly in the sights of the EU’s General Data Protection Regulation (GDPR), the enforcement date of May 25, 2018, is likely indelibly embedded in their minds. For others, this date may have come and gone without significance, other than perhaps an increased general buzz about GDPR as companies across the globe wrestled with its scope and requirements. Those that were unaffected by the May 25, 2018, deadline cannot necessarily rest easy. Companies are…