Federal Construction Law for Construction Professionals
Any firm intent on benefitting from the boom in federal government construction contracts must navigate an increasingly complicated and demanding set of laws, regulations, and practices that govern these projects and the contractors performing them. To help guide you through this maze, here is the updated edition of the easy-to-understand guide to the practical reality of these special requirements, and how managers and owners of construction industry firms can use them to effectively avoid pitfalls on current projects and compete successfully for new projects.
Smith, Currie & Hancock's Federal Government Construction Contracts, Second Edition walks the reader through actual federal contracts, highlights critical clauses, and simplifies governmental and legal jargon to provide ease of use by the nonlawyer.
Updates to this Second Edition include:
Coverage of the newly enacted American Recovery and Reinvestment Act of 2009
Specifics of federal government grants to state and local public construction contracts
New insights on Design-Build, Early Contractor Involvement (ECI), BIM, Green Construction, and Web-based project management techniques used by the federal government
A revised look at the increasingly detailed business ethics and compliance program requirements for contractors and subcontractors as mandated by the federal government for its contractors
A unique Web site at www.wiley.com/go/federalconstructionlaw provides the user with a Table of Acronyms and Terms commonly found in federal government contracts, an extensive list of Web sites of interest to federal government construction contractors, checklists, sample forms, as well as specifications related to innovations in project delivery
By making transparent the many rights, risks, and legal responsibilities involved in a federal government construction project, Smith, Currie & Hancock's Federal Government Construction Contracts, Second Edition provides construction industry professionals?from general contractors, subcontractors, and designers to surety bond agents?with the insight and understanding they need to avoid problems and run a successful project from start to finish.
Auflage
Sprache
Verlagsort
Zielgruppe
Illustrationen
Drawings: 2 B&W, 0 Color; Exhibits: 4 B&W, 0 Color
Maße
Höhe: 236 mm
Breite: 157 mm
Dicke: 33 mm
Gewicht
ISBN-13
978-0-470-53976-7 (9780470539767)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
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.
Autor*in
Smith, Currie & Hancock LLP
Foreword xix
Preface xxi
Introduction xxv
Author Biographies xxvi
1 Federal Government Contracts and Commercial Contracts: A Brief Comparison 1
I. Government Construction Contracting Process: An Overview 1
II. Relationship of Commercial and Government Contract Law 7
III. Sources of Federal Laws Affecting Government Construction Contracts 9
IV. Procurement Integrity and Standards of Conduct 18
Appendix 1A: A Brief History of the Disputes Process in Government Contracts 41
2 Authority to Bind the Government, Contract Financing, and Payment 45
I. Authority of Government Employees or Agents 45
II. Availability of Funding 59
III. Contract Payment Procedures 67
IV. Government Setoff/Debt Collection Rights 72
V. Assignments/Novations 73
Appendix 2A: Sample Letter to Contracting Officer Requesting Clarification on the Scope of an Authorized Representative's Authority 77
Appendix 2B: Notification of Potential Changes by a Contracting Officer's Representative or Other Government Representative 78
Appendix 2C: Limitation of Government's Obligation (May 2006) 79
3 Contract Formation 91
I. Basic Principles of Contract Formation 81
II. The Government Procurement Process 85
III. Competing for the Award 87
IV. Bid Guarantees (Bonds) 96
V. Responsive Bids and Proposals 99
VI. The Evaluation Process 103
VII. Late Bids and Proposals 119
VIII. Relief for Contractor Bid/Proposal Mistakes 121
IX. Bid Protests 124
4 Contract Types 143
I. Introduction 143
II. Organization of a Typical Construction Contract 144
III. Project Delivery Categories 144
IV. Indefinite Delivery Contracts 154
V. Pricing Categories 159
VI. Options 167
VII. Project Delivery and Contract-Type Risk Analysis 169
VIII. Building Information Modeling 169
5 Socioeconomic Policies 177
I. Introduction 177
II. Small Business Contracting Programs 178
III. Equal Employment Opportunity and Affirmative Action Programs 198
IV. Buy American Act 200
V. Labor Standards 204
VI. Environmental Laws 212
VII. Employee Safety and the Occupational Safety and Health Act 214
Appendix 5A: SBA Program Requirements for Joint Ventures and Subcontracting 219
6 Government Contract Interpretation 221
I. Importance of Contract Interpretation 221
II. Goal of Contract Interpretation 221
III. Circumstances Surrounding Contract Interpretation 225
IV. Resolving Ambiguities 230
V. Allocation of Risks and Obligations 234
VI. Standard FAR Clauses Affecting Allocation of Risks and Contract Interpretation 244
VII. Interpretation of Subcontracts under Federal Contracts 247
Appendix 6A: Sample Table of FAR Clauses with Flow-down Requirements 251
7 Differing Site Conditions 255
I. Historical Overview 255
II. Federal Government Contract Clause 257
III. Recovery for a Type I Changed Condition 259
IV. Recovery for a Type II Changed Condition 262
V. Other Conditions: Weather and Quantity Variations 265
VI. Factors Affecting Recovery 268
Appendix 7A: Site Investigation Checklist 278
8 Contract Changes 281
I Purpose of the Changes Clause 281
II. FAR Changes Clause 283
III. Authority to Issue Changes 290
IV. Express Changes: Bilateral and Unilateral 295
V. Constructive Changes 299
VI. Cardinal Changes 306
VII. Value Engineering Changes 309
VIII. Prerequisites to Recovery 312
IX. Novations 322
Appendix 8A: Value Engineering-Construction (Sept. 2006) 324
9 Delays, Suspension, and Acceleration 329
I. Types of Delay: Basic Principles 329
II. Causes of Excusable Delay 333
III. Causes of Compensable Delay 336
IV. Scheduling and Delays 341
V. Right to Complete Early 343
VI. Concurrent Delay 345
VII. Suspension of Work 346
VIII. Time Extensions 350
IX. Relationship of Delay Remedies under the Suspension of Work and Changes Clauses 355
X. Acceleration 356
Appendix 9A: Suspension of Work (Apr. 1984) 362
10 Inspection, Acceptance, Commissioning, and Warranties 363
I. FAR Clauses Affecting Inspection and Acceptance 364
II. Contractor Quality Control Systems 366
III. Strict Compliance versus Substantial Compliance 369
IV. Government's Right to Inspect 371
V. Limits on Government's Inspection Rights 372
VI. Cost of Inspection 375
VII. Acceptance 377
VIII. Project Commissioning 382
IX. Warranties 386
Appendix 10A: Use and Possession prior to Completion (Apr. 1984) 391
Appendix 10B: Warranty of Construction (Mar. 1994) 392
Appendix 10C: Whole Building Design Guide 394
Section 01 91 00 (Section 01810)-Commissioning 394
Part 1. General 394
Part 2. Products 399
Part 3. Execution 400
11 Contract Terminations 407
I. Introduction 407
II. Terminations for Default 407
III. Government Damages 427
IV. Terminations for Convenience 438
V. Constructive Terminations 445
VI. Termination Settlements 448
Appendix 11A: Termination for Convenience of the Government (Fixed-Price) (Alternate I) (Sep. 1996) 454
Appendix 11B: Checklist: Potential Default Termination 458
12 Payment and Performance Bonds 463
I. Introduction 463
II. Miller Act Payment Bonds 464
III. Miller Act Performance Bonds 472
Appendix 12A Standard Form 25 -Payment Bond 479
Appendix 12B Standard Form 25-Performance Bond 481
13 Equitable Adjustments and Costs 483
I. Overview 483
II. Equitable Adjustment Theory 485
III. Methods of Pricing Equitable Adjustments and Claims 508
IV. Cost and Pricing Data 513
14 Project Documentation Techniques 523
I Documentation Generally 523
II. Notice Obligations in Government Contracts 524
III. Notice to Representatives/Agents of Contracting Officer 531
IV. Written versus Alternative Forms of Notice 533
V. Failure to Give Notice-Consequences 538
VI. Coordinating Notice Requirements in Subcontracts and Purchase Orders 540
VII. Documentation Recommendations 543
VIII. Documenting with Project Management Software 557
Appendix 14A: Notice Checklist 562
Appendix 14B: Sample (Partial) Notice Checklist: Federal Government Construction Contracts 564
Appendix 14C: Forms 566
15 Contract Claims and Disputes 571
I. Introduction 571
II. The Contract Disputes Act 571
III. Contractor Claims under the CDA 574
IV. Subcontractors and the CDA Claims Process 602
V. Government Claims 605
VI. Contracting Officer's Decision 607
VII. Contract Disputes and Alternative Dispute Resolution 618
VIII. Recovery of Attorneys' Fees in Government Contract Claims 620
Appendix 15A: Sample Freedom of Information Act Letter 624
16 Federal Grants Funding Construction Contracts 627
I. Overview 627
II. Role of Federal Agencies in Grant-Funded Contracting 628
III. Administration and Interpretation of Grant-Funded Contracts 634
17 The American Recovery and Reinvestment Act and Government Construction Projects 643
I. Overview 643
II. Registration and Reporting Requirements 647
III. Buy American Requirements 650
IV. Accountability and Ethics 654
V. Wage-Rate Requirements 657
Appendix A: Internet-Based Resources Applicable to Government Contracting 659
Appendix B: Glossary of Terms and Acronyms 665
Index 673
