When a dispute arises over payment between a contractor and the agency overseeing a Federal government project, the contractor typically submits a request for a reasonable adjustment to the contract price. If the agency disagrees with the adjustment, the contractor may file a formal claim under the Contract Disputes Act (“CDA”), which requires the contractor
Draconian Results for Local Agencies Influenced to Improperly Target Private Enterprise
The federal Civil Rights Act (“Act”) was enacted by Congress in 1964 to protect individual civil liberties, but the Act has evolved over time into a vehicle that can also be used to challenge public agencies on a wide range of topics, as long as there is a constitutional right implicated. This side of the
No Right to Damages Between Public Works Bidders
In the world of public works bidding, competition can be fierce. At times the competition may even break some laws in lowering their costs in order to ensure the lowest possible bid. Historically, the only procedure for the aggrieved bidder was to submit a bid protest, and if necessary, file a petition for writ of
Subcontractor Costs May Become Public Record in Federal Aid Contracts
Contractors who bid on public projects that utilize federal money can be surprised by additional administrative requirements they do not usually find in their contracts. In my recent article for the Daily Journal of Commerce, I discuss one of those requirements that may require you to disclose subcontractor agreements, and what you can do
Contractors Are Running into Unexpected Trouble as Local Air Quality Management Districts Stretch the Limits of Their Authority
It has long been the case that the California Air Resources Board (“ARB”) and each of California’s local Air Quality Management Districts (“AQMDs”) may regulate sources of portable emissions. However, about two decades ago, the legislature recognized that it was often impractical and too costly for businesses traveling throughout the state to acquire permits for