There’s “new.” And there’s “new to you.” And there’s “refurbished new.” And there’s “open box special new.” And there’s “floor display model new.”  But when it comes to contract specifications requiring “new” equipment, one court looked to a dictionary to define it as “never used before” and “free of significant damage.”

Dictionary

In a recent case,

Words matter. Grammar matters. Even punctuation matters:

Let’s eat, Grandma!

Let’s eat Grandma!

For one government contractor, its claim was recently rejected by the Civilian Board of Contract Appeals because the Board found that the Contractor did not properly state its claim.  In Construction Group LLC v. Dept. of Homeland Security, 15-1 BCA para.

In anticipation of what could be an influx of wintry weather, the Tennessee Department of Transportation has made arrangements to ensure the state’s roadways stay clear. According to the Johnson City Press, TDOT has distributed more than 200,000 tons of salt and 2 million gallons of brine to stations in each of the state’s

I have written before about statutes of limitation and statutes of repose relating to construction disputes. I recently learned that these principles may not apply to a public owner’s claims against design professionals and contractors.

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Statutes of limitation/repose?  In its simplest terms, a statute of limitation is a time limit for bringing a lawsuit (

Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. Government on two road projects in South Carolina.  The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid

It’s Friday morning and there are probably better things you would like to do with your remaining day than read a 22-page government contracts decision.

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But if you have ever experienced a differing site condition on your project, then here is why you should read pages 17-20 of the recent decision in Metcalf Construction Company v. United States (pdf).  On February 11, 2014, the Federal Circuit released its decision in the Metcalf Construction case, which addressed in part a differing site condition claim.

Although the appeal was based primarily on the standard for a breach of duty of good faith (and the opinion talks mostly about that issue), there is some good language in the second part of the opinion about how the trial court wrongly interpreted the differing site conditions provision in the public contract (pages 17-20).Continue Reading Differing Site Conditions and Why You Should Read Pages 17-20 of the Metcalf Decision

Last week, I received an alert from Deborah Luter, TDOT’s Program Director for the Small Business Development Office (SBDP) regarding DBE participation credits.

CRO_logo_smallMany prime contractors may be unaware that subcontracting to a DBE on a TDOT contract does not necessarily mean DBE goal participation credit will be awarded. To receive credit for utilizing a