Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, who just “looks like” she’s up to no good. In the world of construction contracting, both can get in you in trouble, including a termination for default of performance.
bid protest
Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs
Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to COVID-19.
APTIM Federal Services, LLC (ASBCA No. 62982) involved a contractor who sought to recover $99,076 in operational costs incurred…
When Is A Contractor’s Termination for Default Proper? When It Does Bad Things.
Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of construction contracting, both can get in you in trouble, including a termination for default of performance.…
Bidders: Pay Attention to Your Clocks, Fax Machines and Email Servers
Yesterday was daylight savings day, which means that you are probably running about your job this morning a little more groggy because you lost an hour of sleep. As I was waffling through emails today in my own groggy state, I received an alert about a new area code being added to the Nashville, Tennessee…
Formal and Informal Bid Extensions on a Construction Project
As a construction attorney, I have been on both the sending side and receiving side of a request for a time extension. In the construction world of competitive bidding, however, the request for an extension can create problems. Today’s post illustrates one of those problems.
Continue Reading Formal and Informal Bid Extensions on a Construction Project
What is Considered “Timely Acceptance” of a Subcontractor’s Quote?
If a subcontractor’s quote does not contain a deadline by which it must be accepted, how late can the contractor accept the quote to be valid? And when there is a dispute, who has the burden of proving that the contractor accepted the quote in a timely manner?
The court addressed these issues in Piland …
How Do Courts Treat Unbalanced Bids in Public Contracts?
It’s a story you have heard many times: There is an invitation for bids. There are numerous bidders … more than usual. The lowest two or three bids simply don’t make mathematical sense. On paper, it must be an unbalanced bid or an unreasonably low offer. What can you do?
Although a few…
How Should You Prepare for a Bid Protest on a Transportation Project?
Not a week goes by that I don’t receive a telephone call or a question from someone asking general bid protest questions. While a bid protest dispute will largely differ based on whether it is a local, state or federal project, here are some ways you can prepare:
- Be prepared to follow the rules.
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A Good Roadmap: OH Court Concludes that Disappointed Bidder Can Recover Bid Preparation Costs
It can be a daunting task to mine through the federal and state laws, regulations and court decisions to determine what rights and remedies you may have as a disappointed bidder on a public project. In a case involving a state university construction project, the Ohio Supreme Court recently provided a good road map…
Federal Award in San Francisco: Lessons Learned About Future Construction
I am in San Francisco this week for the MidWinter Conference of the American Bar Association Forum on the Construction Industry. The topic this year is "Government Construction Contracting" and I will be tweeting under the hashtag #ABAConstruct.
In news relevant to Federal contractors, construction industry players and Californians, the San Francisco Business Times reported…