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Below is this week's congressional update by BakerHostetler's Federal Policy team. We'll continue to post in weeks when both chambers of Congress are in session.
In Lodge Construction, Inc. v. United States, the US Court of Federal Claims (“COFC”) prefaced its 46-page opinion by stating: “This case should serve as a cautionary tale to government...
"Men must turn square corners when they deal with the Government." So began the Court of Claims decision entitled Lodge Construction, Inc. v. United States, Nos. 13-499 and 13-800...
In 2010, the Army Corps of Engineers (“Government”) awarded Lodge Construction, Inc. (“Lodge”) a fixed-price contract to rehabilitate a levee in Florida. To accommodate performance of subsurface work, Lodge designed and constructed a temporary cofferdam, using a subsurface geotechnical site inspection and analysis furnished by the Government. The Government accepted Lodge’s final cofferdam design in July 2011, and Lodge began work soon thereafter. In March 2012, however, water breached two sections of the cofferdam’s sheet pile wall, after which the Government retroactively disa...
For federal contractors, the Contract Disputes Act (“CDA”) 1 can be a double-edged sword. While the CDA allows contractors to assert contractual claims against the Government, the CDA also contains an anti-fraud provision that the Government can use both to defeat claims and to seek civil penalties from the contractor if the contractor’s asserted claims are based in fraud. This anti-fraud provision provides the Government a powerful tool in litigating against contractors’ CDA claims. But the law surrounding the anti-fraud provision is unsettled in areas, creating uncertainty for contr...