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Hurricane Katrina’s Impact on Existing U.S. Government Contracts

by Kent Holland | Feb 9, 2011 | Newsletter Article

For contractors performing work on existing federal contracts in affected areas, assessing the impact of the hurricane on their contracts raises a number of issues and concerns.  Federal construction and supply contracts typically provide for a non-compensable time...

De Facto Takeover: Are a Surety’s Rights Protected?

by Kent Holland | Feb 9, 2011 | Newsletter Article

By Michael J. Carrato, Esq. A Miller Act surety needs to be aware of certain notice requirements if it decides to take over performance for its principal on a federal construction contract.  Informal or “constructive” notice that a surety intends to take over...

Contractor Entitled to Rely Upon Government’s Implied Warranty of Specifications

by Kent Holland | Feb 9, 2011 | Newsletter Article

Where a contractor had to revise the government’s design and expend additional time and expense to construct a door for a helicopter hangar, the government argued unsuccessfully that the contractor was barred by a general disclaimer from claiming entitlement to...

Written Notice of Deviations from Specifications Is Required With Shop Drawing Submittals

by Kent Holland | Feb 9, 2011 | Newsletter Article

The Owner’s approval of a shop drawing submittal that deviates from specification requirements does not relieve the contractor where the contractor failed to notify the owner in writing of the variations from the specifications and obtain approval from the...

Bid Bonds on Federal Contracts – Just the Fax

by Kent Holland | Feb 8, 2011 | Newsletter Article

Bidders on most sealed-bid federal contracts are required to furnish a bid guarantee along with their bids. The bid guarantee is usually provided in the form of a bid bond issued by a Treasury-listed surety company. The purpose of the bid bond is to guarantee the...
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