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How to Limit COVID-19 Related Legal Claims

Client Alert | less than 1 min read | 01.11.21

In their Commentary, “How to Limit COVID-19 Related Legal Claims” in the January 2021 issue of Engineering News-Record, Meagan Bachman and Josh Lindsay of C&M discuss advice for limiting and mitigating the disputes that are coming as a result of COVID-19-related disruptions to construction projects. Even as the first vaccines are distributed around the globe, sustained challenges and cost and time impacts to projects can be expected. But there also are opportunities to mitigate the deleterious effects of COVID-19 and reduce the possibility of large-scale disputes down the road.

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Client Alert | 3 min read | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....