Lauren Brier, Josie Farinelli and Kelly A. Kirchgasser | Piliero Mazza This week, we take a closer look at how a government contractor ends up before a Board of Contract Appeals (BCA). CDA appeals don’t appear out of thin air—it can take months, if not years, for a dispute to morph into an appeal. The… Continue reading How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 2
Tag: Construction Contract
Top 10 Killer Construction Contract Clauses, Part 2: Pay-If-Paid and Pay-When-Paid
Jessica A.duHoffmann and Jonathan R. Neri | Piliero Mazza In the world of construction, it is essential for both prime contractors and lower-tier subcontractors to carefully manage financial risk when negotiating subcontract agreements. While a party’s ability to distinguish and understand pay-if-paid and pay-when-paid clauses—a critical first step in identifying financial risk—the analysis should not stop there. To protect the… Continue reading Top 10 Killer Construction Contract Clauses, Part 2: Pay-If-Paid and Pay-When-Paid
Bridging Documents and Design-Build Warranties: Building Bridges to Avoid Pitfalls
Steve D. Garcia | ConsensusDocs Design‐build has continued its steady ascent in both the private and public spheres, revolutionizing how stakeholders approach construction projects. By melding design and construction responsibilities into a single point of responsibility, design‐build can streamline project delivery and reduce administrative inefficiencies. Yet, this consolidated approach does not immunize participants from complex… Continue reading Bridging Documents and Design-Build Warranties: Building Bridges to Avoid Pitfalls
Pre-Award Bid Protests: Practical Tips for Government Contractors
Aron C. Beezley and Gabrielle A. Sprio | BuildSmart One of the most powerful but often misunderstood tools available to government contractors is the pre-award protest. Unlike post-award protests, which generally challenge the outcome of a procurement, pre-award protests generally focus on the terms of the solicitation itself and/or the ground rules of the competition.… Continue reading Pre-Award Bid Protests: Practical Tips for Government Contractors
When Delays Cost More Than Time: Understanding Consequential Damages
Matthew DeVries | Best Practices Construction Law When I draft and negotiate construction contracts—whether representing contractors, subcontractors, or owners—there’s always one provision that seems to get special attention: the waiver of consequential damages. For good reason. It can significantly impact both parties’ exposure if things go sideways on a project. So what are “consequential damages,”… Continue reading When Delays Cost More Than Time: Understanding Consequential Damages