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9780470539767

Smith, Currie & Hancock's Federal Government Construction Contracts A Practical Guide for the Industry Professional

by Unknown
  • ISBN13:

    9780470539767

  • ISBN10:

    0470539763

  • Edition: 2nd
  • Format: Hardcover
  • Copyright: 2010-03-29
  • Publisher: Wiley

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

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Summary

Projects funded by the Federal Government are subject to a variety of laws, regulations and practices. Smith, Currie & Handcock's Federal Government Construction Contracts shows how to meet these special requirements. Written by the same author team as the bestselling guide to state and local construction law, Common Sense Construction Law, this book is written in plain English, includes numerous checklists and "points to remember" summarizing key issues, and walks the reader through actual Federal contracts, highlighting unique clauses, and places where various government agencies use different language.

Author Biography

Thomas J. Kelleher, Jr., Lead Editor, is Senior Partner with Smith, Currie & Hancock LLP and Editor of Common Sense Construction Law, Third Edition.

Thomas E. Abernathy IV, Coeditor, is a Partner with Smith, Currie & Hancock LLP and a past chair, American Bar Association, Section of Public Contract Law.

Hubert J. Bell, Jr., Coeditor, is a Partner with Smith, Currie & Hancock LLP and a past chair, American Bar Association, Section of Public Contract Law.

Smith, Currie & Hancock LLP, founded in 1965 and with offices in Atlanta, Georgia; Charlotte, North Carolina; Tallahassee and Ft. Lauderdale, Florida; Las Vegas, Nevada; and Washington, D.C., has nationally recognized practices in the areas of construction law, government contracts, and environmental law. The firm represents clients in all fifty states, as well as Mexico, Canada, and South America, Europe, Africa, and Asia.

Table of Contents

Preface
Introduction
Author Biographies
Federal Government Contracts and Commercial Contracts: A Brief Comparison
Government Construction Contracting Process - An Overview
Relationship of Commercial and Government Contract Law
Sources of Federal Laws Affecting Government Construction Contracts
Procurement Integrity and Standards of Conduct
Authority to Bind the Government, Contract Financing, and Payment
Authority of Government Employees or Agents
Availability of Funding
Contract Payment Procedures
Government Setoff/Debt Collection Rights
Contract Formation
Basic Principles of Contract Formation
The Government Procurement Process
Competing for the Award
Bid Guarantees (Bonds)
Responsive Bids and Proposals
The Evaluation Process
Late Bids and Proposals
Relief for Contractor Bid/Proposal Mistakes
Contract Types
Introduction
Organization of a Typical Construction Contract
Project Delivery Categories
Indefinite Delivery Contracts
Pricing Categories
Options
Project Delivery & Contract Type Risk Analysis
Building Information Modeling
Socioeconomic Policies
Introduction
Small Business Contracting Programs
Equal Employment Opportunity and Affirmative Action Programs
Buy American Act
Labor Standards
Environmental Laws
Employee Safety and the Occupational Safety and Health Act
Government Contract Interpretation
Importance of Contract Interpretation
Goal of Contract Interpretation
Circumstances Surrounding Contract Interpretation
Resolving Ambiguities
Allocation of Risks and Obligations
Standard FAR Clauses Affecting Allocation of Risks and Contract
Interpretation of Subcontracts under Federal Contracts
Differing Site Conditions
Historical Overview
Federal Government Contract Clause
Recovery for a Type I Changed Condition
Recovery for a Type II Changed Condition
Factors Affecting Recovery
Contract Changes
Purpose of the Changes Clause
FAR Changes Clause
Authority to Issue Changes
Express Changes: Bilateral and Unilateral
Constructive Changes
Cardinal Changes
Value Engineering Changes
Prerequisites to Recovery
Novations
Delays, Suspension, and Acceleration
Types of Delay: Basic Principles
Causes of Excusable Delay
Causes of Compensable Delay
Scheduling and Delays
Concurrent Delay
Suspension of Work
Time Extensions
Relationship of Delay Remedies under the Suspension of Work and Changes Clauses
Acceleration
Inspection, Acceptance, Commissioning, and Warranties
FAR Clauses Affecting Inspection and Acceptance
Contractor Quality Control Systems
Strict Compliance versus Substantial Compliance
Governments Right to Inspect
Limits on Governments Inspection Rights
Cost of Inspection
Acceptance
Project Commissioning
Warranties
Contract Terminations
Introduction
Terminations for Default
Government Damages
Terminations for Convenience
Constructive Terminations
Termination Settlements
Payment and Performance Bonds
Introduction
Miller Act Payment Bonds
Miller Act Performance Bonds
Equitable Adjustments and Costs
Overview
Equitable Adjustment Theory
Methods of Pricing Equitable Adjustments and Claims
Cost and Pricing Data
Project Documentation Techniques
Documentation Generally
Notice Obligations in Government Contracts
Notice to Representatives/Agents of Contracting Officer
Written versus Alternative Forms of Notice
Failure to Give Notice--Consequences
Coordinating Notice Requirements in Subcontracts and Purchase
Documentation Recommendations
Documenting with Project Management Software
Contract Claims and Disputes
Introduction
The Contract Disputes Act
Contractor Claims Under the CDA
Subcontractors and the CDA Claims Process
Government Claims
Contracting Officers Decision
Contract Disputes and Alternative Dispute Resolution
Recovery of Attorneys? Fees in Government Contract Claims
Federal Grants Funding Construction Contracts
Overview
Role of Federal Agencies in Grant-Funded Contracting
Administration and Interpretation of Grant-Funded Contracts
The American Recovery and Reinvestment Act and Government Construction Projects
Registration and Reporting Requirements
Buy American Requirements
Accountability and Ethics
Wage-Rate Requirements
Index
Table of Contents provided by Publisher. All Rights Reserved.

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