Legal Updates

A recent ruling by the Fourth Circuit considered an important issue for sureties, their principals, and claimants on construction projects regarding the enforceability of arbitration clauses against the surety. In Great American Insurance Co. v. Hin… Read More

Over the last few years, government contracting practitioners have noted an increase in the federal Government’s efforts to combat contractor fraud. At the Court of Federal Claims (COFC) Judicial Conference earlier this month, several practitioners… Read More

In its recent opinion in Road & Highway Builders, LLC v. North Nev. Rebar, Inc., 284 P.3d 377 (Nev. Aug. 9, 2012), the Nevada Supreme Court considered whether a subcontractor had a valid claim for fraud in the inducement, allowing it to recover… Read More

Unlike private construction contracts, in which a contractor’s recovery of attorney’s fees is typically limited to those incurred in litigation, a contractor on a federal government project may be able to recover legal fees incurred in preparing,… Read More

Last month, the U.S. Court of Federal Claims took up an issue not previously decided by the Federal Circuit – whether the Court of Federal Claims has authority to issue injunctive relief to revise a federal contractor’s “unsatisfactory” ratin… Read More

Last month, the U.S. District Court for the District of Maryland considered whether an arbitration provision found in a contract between a public owner and a contractor required the parties to arbitrate all disputes. In PC Constr. Co. v. City of Sal… Read More

A recent 11th Circuit decision considered whether a contractor could recover the costs for work that was undisputedly outside the scope of the construction contract when the contractor failed to obtain prior approval from a specific party. In Mallo… Read More

On public projects, payment bonds typically provide lower tier claimants with certainty of payment for their work in the event a contractor refuses or fails to pay. Unfortunately, even sureties go out of business from time to time, leaving some unpai… Read More