Year: 2013

Email is Not Private

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12/19/2013Genzler, Patrick A.

Authored by attorney Patrick A. Genzler Electronic mail has become the de facto principal means of communication for most businesses today.  And, in most businesses, email is widely used by many employees to perform company business.  However, the ease with which we can communicate and transmit documents by email comes with certain risks, particularly when… Read more »

ASBCA Holds that of Contracting Officer’s Decision does Preclude Appeal Challenging Performance Evaluations

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12/09/2013Lowenstein, Neil S.

Authored by attorney Neil S. Lowenstein In a recently released decision (11/18/13, Metag Insast Ticaret A.S., ASBCA No. 58616), the Armed Services Board of Contract Appeals reaffirmed its earlier holding that performance evaluation disputes may constitute Contract Disputes Act (CDA) claims, if the contractor has sought a final decision, as being an appealable request for… Read more »

New DFAR Clause Added to Safeguard Unclassified Technical Information

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12/03/2013Lowenstein, Neil S.

My law partner Mike Sterling suggested a reminder about the new final Department of Defense (DoD) rule (DFARS Case 2011-D039, issued 11/18/2013) that amends the Defense Federal Acquisition Regulation Supplement to add a new subpart and contract clause adding requirements for the safeguarding of unclassified controlled technical information. As defined in the new rule, “controlled… Read more »

U.S. Supreme Court Strongly Upholds Contractual Forum Selection Clause

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12/03/2013Lowenstein, Neil S.

In a slip opinion decided December 3, 2013, the U.S. Supreme Court strongly upheld the enforceability of a contractual forum selection clause in its unanimous decision in Atlantic Marine Construction Co., Inc., No. 12-929. Our firm is particularly proud of the decision, having represented the winning petitioner, Atlantic Marine. Atlantic Marine had subcontracted with J-Crew… Read more »

Accelerated Payments to Small Business Subcontractors Rule Finalize

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12/02/2013Lowenstein, Neil S.

Following up on a prior blog about what was then a proposed rule, a final rule was issued on November 25th requiring accelerated payments to small business subcontractors. The rule mandates that if a contractor receives accelerated payments from the Government, the contractor shall make accelerated payments to its small business subcontractors. The new FAR… Read more »

Locker Room Environment – Lawsuit Waiting to Happen

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12/02/2013Lowenstein, Neil S.

There’s a lot in the press lately about the “locker room” atmosphere of NFL teams; some content of which is more shocking than others. But the issues are not just sports related. Many of the players and ex-players have passed those issues to the side noting the “sanctity” of the football locker room, and other… Read more »

ASBCA Holds That Lack of Contracting Officer’s Decision Does Not Preclude Appeal Challenging Performance Evaluation

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11/22/2013Lowenstein, Neil S.

In a recently released decision (11/18/13, Metag Insast Ticaret A.S., ASBCA No. 58616), the Armed Services Board of Contract Appeals reaffirmed its earlier holding that performance evaluation disputes may constitute Contract Disputes Act (CDA) claims, if the contractor has sought a final decision, as being an appealable request for interpretation of contract terms and relief… Read more »

Back to Basics: Recalling Perini

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11/06/2013Vandeventer Black

Coverage under the Longshore and Harbor Workers Compensation Act has a somewhat tortured history. In today’s application, we throw around words like “situs” and “status,” but when a tough case comes along, it can help to recall the origins of the buzz words by tracing the history of Longshore coverage to see where your scenario fits in –… Read more »

Potential Criminal Liability for Damage to Undergroud Utilities in Virginia

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11/03/2013Lowenstein, Neil S.

POTENTIAL CRIMINAL LIABILITY FOR DAMAGE TO UNDERGROUND UTILITIES Any contractor performing work that involves disturbing the ground faces the risk of damaging underground utilities. Even with technological advancements, the marking of underground utilities can often seem more like an art than a science. Contractors should be prepared to address the liabilities that can arise from… Read more »

Virginia Administrative Appeals

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11/02/2013Lowenstein, Neil S.

Administrative appeals in Virginia have a high standard for reversal of an agency decision. An earlier blog talked about the potential impacts of recent statutory change but this 2012 case is a good overview source on the courts’ review role: COMMONWEALTH OF VIRGINIA, DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION, BOARD FOR CONTRACTORS v. KAREN MATHESIUS… Read more »