Most legally enforceable contracts are formed the old-fashioned way: offer and acceptance. Courts will sometimes enforce promises without traditional offer and acceptance where one party has justifiably relied on the other…
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Developer Liable to Contractor for Misrepresentations Regarding Project Funding
The Eighth Circuit Court of Appeals has affirmed a jury verdict finding that a developer and its founder defrauded a contractor by misrepresenting the availability of construction funding. See Selective Ins.
We previously published an update on the bid protest procedures in the state of Alabama, discussing the revised statutory and regulatory processes and procedures implemented effective October 1, 2022. Certain…
First Material Breach: The “No Recovery” Rule
A contract is an exchange of promises that the law will enforce. Contract law provides that promises are enforceable, under what circumstances, and the available remedies. Although application may vary by jurisdiction…
DOJ Announces Record-Breaking $6.8 Billion FCA Recoveries in FY 2025
The Department of Justice (DOJ) announced recently that settlements and judgments under the False Claims Act (FCA) exceeded $6.8 billion in the fiscal year ending September 30, 2025 — the…
“Prioritizing the Warfighter” Executive Order: What Defense Contractors Need to Know
On January 7, 2026, the Trump administration issued Executive Order 14372 entitled “Prioritizing the Warfighter in Defense Contracting.” The order marks a decisive shift in federal defense procurement policy: Production…
SBA’s Mass Suspension of 8(a) Contractors Raises Questions About Due Process and Appeal Rights
In a sweeping and unprecedented enforcement action, the Small Business Administration (SBA) has dramatically escalated its oversight of the 8(a) Business Development Program — reportedly leaving more than 1,000 small…
In Pott v. World Capital Properties, the 11th Circuit held that an international arbitral tribunal operating under the New York Convention may pierce the corporate veil to assert jurisdiction…
Government Contracting in 2026: Key Legal & Compliance Risks
As federal agencies continue to navigate budget constraints, geopolitical uncertainty, workforce shortages, and rapid technological change, government contractors entering 2026 face an increasingly complex legal and enforcement environment. Recent case…
USAID Payment Delays and Contractor Remedies
Recent reports and contractor experiences suggest that the U.S. Agency for International Development (USAID) has, in some instances, failed to timely pay contractors for work that has already been performed…
The Construction Practice Group
The members of the Bradley Construction & Procurement Practice Group have spent decades representing a broad range of construction industry clients around the country and the world, providing a wealth of practical, hands-on business and legal experience to develop solutions for the challenges our clients confront every day.




