In a recent decision, the Court of Appeals for the Federal Circuit held that FAR 52.212-4(l), the Termination for Convenience clause used in commercial items contracts, had no effect in a services contract—even though the services contract explicitly incorporated the
The Construction Seyt
Practical Updates in Construction Law
The Construction Seyt, published by Seyfarth Shaw LLP, focuses on legal issues related to construction projects, including contract drafting and compliance with state and international laws. The blog covers adapting standard construction contracts for overseas projects, managing risk and liability in construction defect and insurance contexts, and navigating lien notice requirements across all U.S. states. It also addresses emerging challenges from innovative construction methods, climate-driven legal changes, and specialized project risks. The content is aimed at construction professionals such as developers, contractors, owners, architects, and engineers, providing guidance on dispute resolution, surety liability, and regulatory compliance in the construction industry.
Latest from The Construction Seyt - Page 7
DOJ Reports False Claims Act Recoveries for Fiscal Year 2021
After reporting its lowest annual recovery from False Claim Act (“FCA”) cases in Fiscal Year (FY) 2020, the Department of Justice (“DOJ”) has reportedly bounced back. On February 1, 2021, DOJ released detailed statistics regarding FCA recoveries during FY 2021,…
COVID-19 Riders for Construction Change Orders
By David Blake
Issue
The cost and time to perform change order work may increase as a result of COVID-19 impacts that arise after the change order is agreed upon. The Contractor can include contingencies for that risk in its lump sum pricing,…
Construction Site Disclaimers: Navigating Risk Allocation for Differing, Concealed and Unknown Conditions in Heavy-Civil, Excavation, and Infrastructure Work
In heavy-civil, excavation, and infrastructure work, the risk of encountering differing, unknown, or concealed conditions is significant, as it is nearly impossible to document or predict everything that the contractor will encounter below the surface when performing its operations. Although…
Upcoming Webinar! COVID-19: What Have We Learned? Legal Trends and Practical Tips for Real Estate Developers
By David Blake & Mark Johnson
Court Allows Another Lawsuit Seeking Business Interruption Insurance Coverage for COVID-19 to Proceed
By David Blake
Mounting Evidence of a Sea Change?
On August 16, 2021, the District Court for Clark County, Nevada, denied an insurance company’s motion to dismiss a property owner’s lawsuit seeking business interruption insurance coverage due to COVID-19. A key defense often…
James Newland to Take Part in Panel Discussion on Integrated Project Delivery (IPD)
On September 23, 2021, James Newland, AIA, partner in Seyfarth’s Construction group, will be a panelist on the program: “Developing High Performance Structures Through Integrated Project Delivery (IPD),” presented by the Construction Management Association of America (CMAA).
The program features…
Contract Drafting Tip: “LEED” Damages and the Waiver of Consequential Damages Clause
By David Blake
Potential Damages
Potential damages arising from the failure to achieve statutory or contractual requirements concerning Leadership in Energy and Environmental Design (LEED) or other green building standards are far ranging and may include: fines, loss of financing or tax incentives,…
More Enforcement is on the Way: The COVID-19 Fraud Enforcement Task Force
Since the dawn of the historic COVID-19 relief packages, which have doled out approximately $2.6 trillion to date (with more to be spent), the federal government has made no secret of the fact that it intends to ferret out and…
US Court of Federal Claims Clarifies the Statute of Limitations for CDA Anti-Fraud Claims
While most federal contractors are eminently familiar with the False Claims Act (“FCA”)—government’s most potent weapons for prosecuting false claims—the anti-fraud provision of the Contract Disputes Act (“CDA”) does not receive nearly as much attention in the headlines. CDA anti-fraud…