Punctilious Performance Required For Recovery
Client Alert | less than 1 min read | 03.04.05
Ignoring that the government's own failure to have drawings ready so that performance could begin made the contractor's failure to have a required certificate of insurance immaterial, the Federal Circuit in Singleton Contracting Corp. v. Harvey (Jan. 26, 2005) found concurrent cause for delay and denied delay damages to the contractor. The lesson for contractors is to meet all of your contract requirements that you reasonably can, even when the circumstances may seem to make them superfluous.
Insights
Client Alert | 4 min read | 03.05.26
The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation.
Client Alert | 8 min read | 03.05.26
Client Alert | 4 min read | 03.04.26
Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims
Client Alert | 3 min read | 03.02.26
