Buy American Plan Gets an Update | Roads & Bridges The Office of Management and Budget is developing standards to replace the current Buy American Act standards. View article. OFF THE CUFF | Jon’s Comments on “Buy American Plan Gets an Update” article: As the Biden Administration tries to close a purported “giant loophole” in […]
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Jon is a monthly contributor to Roads & Bridges magazine. He has been writing the law section for the magazine since January 2020. The link below will take you directly to the Roads & Bridges Online Publication A Shallow Concrete Pour Leads to an Interesting Lawsuit January 1, 2023  
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As of Jan. 1, 2023, pay-if-paid clauses are unenforceable, regardless of whether a surety/payment bond claim is involved.  This is only for subcontracts created on/after 1/1/23. Also for subcontracts created on/after 1/1/23, the prime must specifically identify and notify the sub of withholding as underlined below. Per Va Code 11-4.6(C), for any withholding, the prime […]
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A limitations period is too short when it’s unreasonably short.
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What to do if your contract lacks the parts to handle COVID-19? Considerations for creating new contracts during COVID-19.
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Uncertainty and risk are not new or novel to contractors.  Contracts reduce uncertainty and share the risk of doing or providing something.  COVID-19 may have contributed to, but it has not single-handedly created, uncertainty and risk. 
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The Board (and the government) should not elevate form over substance in evaluating the sufficiency of a contractor’s notice.
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It’s tax season again, so it’s time to pay the piper.
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Ever had buyer’s remorse or second-guessed a decision?  When the U.S. Army Corps of Engineers did that, a Contractor won its claim for time and money. On a flood control project near Nogales, Arizona, severe flooding delayed and impacted the Project.  Thereafter, the Government and Contractor both signed modifications for other changes.  Subsequently, the Government […]
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The law is not a trend-setter.  It doesn’t readily change or adapt to tech.  So, a commonplace practice in business became a dispute when a claimant digitally certified a claim under the Contract Disputes Act.
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Like cars, computers, and appliances, construction projects include warranties too.  Similarly, construction project warranties are limited to causes within the contractor’s control for damages to which the Government or owner has not contributed. To show a breach of construction warranty, the Government must prove: Contractor was responsible for the defective materials or workmanship at issue; […]
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To decide if an insurer has a duty to defend, a Virginia State or Federal Court may only look at the allegations in the complaint and the insurance policy to determine if a judgment against the insured will be covered by the policy.
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