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FEDERAL GOVERNMENT CONTRACTING AND RECOVERY OF ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (“EAJA”)

Posted on 1 November, 2014
The ability to recover attorney’s fees against the federal government is a consideration before initiating a dispute against the government, whether in federal court or in an administrative proceeding.   The Equal Access to Justice Act (referred to as the “

MILLER ACT AND TIMELY SERVING NOTICE OF NON-PAYMENT WITHIN 90 DAYS OF LAST FURNISHING

Posted on 30 October, 2014
Federal district courts interpreting the Miller Act provide value to those prime contractors, subcontractors, suppliers, and sub-subcontractors that work on federal construction projects, even if the decisions and projects are outside of Florida.   Remember, the Miller Act requires sub-subcontractors and...

REQUESTS FOR EQUITABLE ADJUSTMENT AND CONSTRUCTIVE CHANGES IN FEDERAL CONSTRUCTION PROJECTS

Posted on 29 October, 2014
Federal government construction contracts contain a changes clause.  The changes clause in fixed-price federal construction contracts is contained in F.A.R. 52.243-4 (set forth at the bottom of this posting).  This changes clause allows the government, through the contracting officer, to direct changes to...

THE CONTRACTUAL RIGHT TO ARBITRATE CAN BE WAIVED

Posted on 24 October, 2014
Arbitration is a form of dispute resolution that emanates from your contract.  Hence, if your contract requires arbitration, then arbitration, as opposed to litigation, is the method of dispute resolution.  But, the contractual right to arbitrate can be waived if a party actively...

LEARNING THE TRICKS OF THE TRADE / NUANCES UNDER FLORIDA’S LIEN LAW

Posted on 23 October, 2014
It is advantageous for all construction participants / lienors in Florida (e.g., owner, contractor, subcontractor, supplier, design professional) to learn the nuances under Florida’s Lien Law (and, in actuality, in any state the lienor performs work in).  This way, the lienor can learn the tricks of...