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

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

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