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1 Feb 2021, 12:49 pm by Mitchell Robinson
Federal contractors unaware of the demographics of their workforce should strongly consider hiring private counsel to perform an audit. [read post]
  [1] ‘Under this test, a worker is properly considered an independent contractor to whom a wage order does not apply only if the hiring entity establishes: (A) that the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact; (B) that the worker performs work that is outside the usual course of the hiring entity’s business;… [read post]
27 Jan 2021, 12:03 pm by Keeley A. McCarty
  Companies bidding and performing under set-aside contracts should regularly evaluate their size status with the help of counsel familiar with the legal risks and requirements. [read post]
26 Jan 2021, 11:09 am by Steven Koprince
But once a contractor has won an award and begun performance, the presumption of compliance no longer applies. [read post]
  In particular, GAO ruled that, under the STARS II IDIQ contract, the agency reasonably interpreted the requirement that the “prime contractor” provide p [read post]
16 Jan 2021, 10:57 pm by Mahmoud Khatib
Elements of a Contract A contract is a legally enforceable promise – that is, a manifested intention to act or refrain from acting in a specified way as a commitment to the other party.[5] A contract requires a manifestation of mutual assent between the parties to some bargained-for exchange (known as consideration).[6] The manifestation of mutual assent can be oral or in writing, or even inferred through conduct which may include beginning or completing performance.[7] If a court… [read post]
To demonstrate an independent contractor relationship, all three prongs of Dynamex’s ABC test must be satisfied: (A) the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; (B) the worker performs work that is outside the usual course of the hiring entity’s business; and (C) the worker is customarily engaged in… [read post]
13 Jan 2021, 3:01 am by Andrew Lavoott Bluestone
“Plaintiff, a general contractor, entered into a construction agreement with nonparty Well-Come Holdings, Inc. to perform construction and excavation work on property owned by Well-Come. [read post]
12 Jan 2021, 6:03 am by CMS
If the cap applied to liquidated damages, this would incentivise the contractor’s non-performance as the less good its performance, the lower its liability. [read post]