Government Construction Law Update

Developments in government construction contract law

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The Florida Fourth District Court of Appeal recently held that a trial court properly apportioned a public owner’s damages among a program manager, engineering firm, and contractor. See Broward County, Fla. v. CH2M Hill, Inc., No. 4D18-3401 (Fla. 4th DCA July 22, 2020). In CH2M, a contractor agreed to construct an airport taxiway project for Broward County. After being used for about eight months, the taxiway started showing indentations in the surface. Ultimately, the County, the…
Many construction projects are getting larger and more complex. This is especially true for public-works projects. Joint ventures allow one or more contractors to make a combined effort to obtain and complete projects. There can be many benefits to forming a joint venture to bid on a project. A joint venture can allow one or more contractors to spread the financial risk of a project. Joint ventures can also allow two contractors with different specialties…
The coronavirus (COVID-19) is gaining speed and construction projects across the country and in Florida have reportedly been slowing or shut down as a result. It’s time for construction contractors, including those working on government projects, to consider whether they will be entitled to additional money and/or time on their projects. In this post, we will take a brief look at how things might shake out on federal government and Florida Department of Transportation (“FDOT”)…
If you are an unpaid sub-subcontractor on a federal government project, don’t forget to provide notice of your claim to the general contractor within 90 days and file a lawsuit no later than one year after last furnishing labor or material to the project or you will lose your payment bond rights. That’s exactly what happened in a recent federal court decision in which a sub-subcontractor lost its right to assert its $8.5 million claim…
When a contractor decides to file a bid protest to challenge the award of a federal construction project to another contractor, there are three options for where to file the bid protest: (1) at the agency level, (2) the Government Accountability Office (“GAO”), or (3) the United States Court of Federal Claims. There are strengths and weaknesses associated with each of the above options. Many contractors like to file their bid protest with the GAO…