I have practiced law for 40 years, with the vast majority of that time spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when
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California Court Sends Solar Contractor’s Bond Claims to Arbitration
A California federal court ruled last week that a surety can enforce an arbitration clause in a contract to which it is not a party. The dispute involves performance and payment bond claims brought by solar contractor Swinerton Builders, Inc.…
Domestic Preference Development: New DFARS Buy American Act Requirements
In 2024 the White House continues to place an emphasis on the U.S. Government’s longstanding domestic purchase preferences. The latest update implementing the domestic purchase preference is the Department of Defense’s Final Rule that was published on February 15, 2024,…
Bid Protests in Pennsylvania
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on bid protests in North Carolina, Georgia, the District of Columbia, New York, Virginia, and Alabama).…
The Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Mistake No. 1: Not Realizing It’s All About the Facts
I have practiced law for 40 years, with the vast majority spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving well over…
PPP and Pandemic Fraud Recoveries Significant for DOJ in FY 2023
The Department of Justice (DOJ) recently announced that it obtained more than $2.68 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending September 23, 2023. DOJ reports that “matters that involved the health care industry”…
The False Claims Act in 2023: A Government Enforcement Update
As in recent years, the federal government continued to utilize the False Claims Act (FCA) as a tool against government contractors in 2023. The 543 FCA settlements and judgments resulted in the government collecting nearly $2.7 billion. Although procurement fraud…
Procurement Fraud Recoveries Substantial for DOJ in FY 2023
The Department of Justice (DOJ) recently announced that it obtained more than $2.68 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending September 23, 2023. Notably, DOJ reports that “procurement fraud” recoveries again comprised one…
Breach vs. Default — What’s the difference?
The words breach and default are often used interchangeably to indicate that somebody hasn’t done what they were legally required to do. According to Black’s Law Dictionary, the words do appear somewhat interchangeable. Black’s defines breach as “a violation or…
Limitation of Damages Clause in Contract Held Inapplicable to Subcontractor’s Change Order Claim
Construction contracts often include clauses that purport to limit the liability of one or both parties. This includes clauses that completely prohibit any claims for certain types of damages such as lost profits and other consequential damages, extended overhead or other…