WEBINAR: Building a Border Wall: Opportunities, Contractual Risks, and Business Considerations

The Trump administration published two contract solicitations for the design-build of a “border wall” between the U.S. and Mexico, one of the earliest and oft-repeated campaign promises. The RFPs (linked here and here) contemplate a multiple-award, multiple-phase approach for acquiring prototypes and, eventually, full construction.

With contemplated billion-dollar budgets, opportunities abound for prime and subcontractors. But government contractors must also be aware of the potential contractual risks with such a unique, large-scale border project involving eminent domain, such as potential changes, delays, differing site conditions, security considerations, and funding shortfalls. There are also unique business risks, with several local governments already considering proposals to “blacklist” contractors that participate.