David Adelstein | Florida Construction Legal Updates A recent opinion out of the Southern District of Florida, Berkley Insurance Co. v. Suffolk Construction Co., Case 1:19-cv-23059-KMW (S.D.Fla. July 22, 2024), provides valuable takeaways on schedule-based disputes between a general contractor and subcontractor on a high-rise project. In a nutshell, the general contractor’s original project schedule was abandoned due to… Continue reading Takeaways From Schedule-Based Dispute Between General Contractor and Subcontractor
Category: Construction
Corrective Action Protest Grounds for GSA Schedule Federal Construction Contractors
Marcus Burden | The Dispute Resolver On May 16, 2024, the U.S. Court of Federal Claims (COFC) reinstated a contract award after determining that a Government Accountability Office (GAO) corrective action recommendation was without a rational basis. A contract awarded, protested, terminated, appealed, then reinstated. It’s no secret that federal construction procurements are plagued with… Continue reading Corrective Action Protest Grounds for GSA Schedule Federal Construction Contractors
It’s Getting Hot in Here: OSHA Proposes New Heat Hazard Rules
Jared B. Caplan and Anne R. Yuengert | BuildSmart Did you know that OSHA does not currently have a specific standard covering heat stress hazards? Rather, OSHA uses the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, to impose requirements related to heat stress. OSHA reports that between 1986 and 2023… Continue reading It’s Getting Hot in Here: OSHA Proposes New Heat Hazard Rules
Know Your Rights: ASBCA Issues Two Important Reminders To Contractors
Michelle D. Coleman, Skye Mathieson, John Nakoneczny and Tyler Piper | Crowell The Armed Services Board of Contract Appeals (Board) recently issued notable reminders to contractors regarding its jurisdictional authority and the importance of timely filing claims. The Board explained in DSME Construction Co., Ltd., ASBCA 63878 (July 30, 2024), that it may retain jurisdiction over… Continue reading Know Your Rights: ASBCA Issues Two Important Reminders To Contractors
Mastering Construction Liens: Strategies for Getting Paid (Part 1)
Taylor M. Hayes and J. Daniel Weidner | Koley Jessen Here is the situation: you are a contractor who entered into a contract to construct a building, you have performed your scope of work but you have not been paid what you are owed. You filed a construction lien on the property, but how does… Continue reading Mastering Construction Liens: Strategies for Getting Paid (Part 1)