Once again the President has invoked the Federal Property and Administrative Services Act as the authority for an Executive Order “to promote economy and efficiency.” In his latest Executive Order (EO) issued on Friday, February 4, 2022, President Biden mandated that all federal procurement construction projects valued at $35 million or more must use a
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Construction
Top 10 Action Items for Contractors Reopening Their Offices
By Steve Lindemann on
During the COVID-19 pandemic the construction industry has, for the most part, been able to continue field operations on existing projects. Of course, regulations have varied from state to state, and in some regions operations have been restricted or curtailed. For the last several weeks construction trade associations such as Associated General Contractors and Associated…
Government’s Apparent Acquiescence Doesn’t Overcome “Plain” Contract Language
By Roddy Stieger on
Despite “troubling” government conduct, the Armed Services Board of Contract Appeals (ASBCA) recently denied an appeal arising out of electrical work performed on a $38 million construction project involving the ground-up construction of four buildings for the United States Army. The dispute in Watts Constructors, LLC, ASBCA No. 61493 involved the use of rigid conduit…
EAJA Provides Relief to Construction Contractor for Government’s Bad Actions
By Roddy Stieger on
In Vet4U, LLC v. Department of Veterans Affairs, the Civilian Board of Contract Appeals awarded costs and attorney fees to the small business contractor that won its appeal pursuant to the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504, after finding the government’s position was not substantially justified. The EAJA is a…