The coronavirus crisis has made life difficult for Americans on both a personal and work-related level. While concern about personal health is paramount, the health of the economy cannot be ignored. The recently enacted stimulus package brings vital short-term relief, but the long-term health of the economy will be driven by how quickly people can get back to work.

The construction industry has, in some cases, been exempted from “stay at home” rules because construction projects are frequently regarded as essential activities. That being said, many state and local projects are being delayed as reported by the Associated General Contractors of America (AGC) as shown on its excellent interactive map. In federal construction, however, the government seems to be doing its best to keep projects moving, although that could become impossible if the pandemic worsens.

In federal construction, there are many legal issues that arise during a time of crisis. These include the negotiation of emergency contracts and subcontracts, emergency change orders, delays, suspensions of work, and terminations (both for convenience and default). There are issues involving the inclusion of appropriate contract clauses specified in the FAR, the insertion of flow-down clauses in subcontracts, the reservation of rights when releases are being negotiated, the determination of whether delays are excusable and compensable, together with the possibility of bid protests and claims.

It is fortunate that these legal issues can all be addressed remotely and by email, conference calls, and videoconferencing. We are finding that government agencies are either open or working remotely, and there has been no difficulty contacting government attorneys and contracting officers. Because all of our client files are available on the firm’s servers, and because all legal research is performed online, it is not difficult to practice government contract law in a virtual world. In fact, we welcome the opportunity to serve as virtual in-house counsel and co-counsel to provide advice on government contracting matters. If you have any concerns about the impact of the coronavirus pandemic on your business, please contact the Cohen Seglias Government Contracting Group. We stand ready to counsel you during this difficult time.

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Photo of Michael H. Payne Michael H. Payne

As Chair of the firm’s growing Government Contracting Group, Michael H. Payne represents contractors, subcontractors, and suppliers on a wide range of federal contracting issues, including the interpretation of solicitation and contract provisions, the filing of bid protests, resolution of disputes, and the…

As Chair of the firm’s growing Government Contracting Group, Michael H. Payne represents contractors, subcontractors, and suppliers on a wide range of federal contracting issues, including the interpretation of solicitation and contract provisions, the filing of bid protests, resolution of disputes, and the preparation of contract claims and the litigation of appeals. Michael has vast experience in federal government contracting, stemming from his time as Chief Trial Attorney for the North Atlantic Division of the Army Corps of Engineers, and is recognized in the federal construction contracting industry as an attorney who enjoys a good working relationship with government agencies.

Michael’s high success rate in settling cases prior to litigation has earned him clients that rely on his advice in the long term. As a trusted advisor to his clients, he is known for his responsiveness and is not afraid to be straightforward about the realities of pursuing a case.

Michael is aggressive when called for and approaches each case analytically and develops strategies for his clients’ best long-term results. He thinks outside the box and frequently develops arguments in approaches that facilitate the resolution of disputes without litigation.

With in-depth knowledge of military and civil works construction, Michael represents clients before the Armed Services Board of Contract Appeals (ASBCA), the Government Accountability Office (GAO), the United States Court of Federal Claims, and a number of Federal District and Appellate Courts, including the United States Court of Appeals for the Federal Circuit. Throughout his career, he has enjoyed a strong relationship with the dredging industry, representing many dredging contractors nationwide.

Known in the legal community as a techie, Michael always uses the latest technology to practice law more efficiently. He regularly teaches other attorneys at the firm and local bar associations how they can use devices such as iPads to enhance their practices. Michael started the Federal Construction Contracting Blog, the first blog focused on federal construction contracting,  which is still a go-to resource for the industry.

Photo of Casey J. McKinnon Casey J. McKinnon

Casey J. McKinnon focuses his practice on government contracts and litigation, representing clients in all stages of litigation related to federal contracting, including case strategy, discovery, trials, and appeals. He counsels clients throughout the procurement process including solicitation review, proposal preparation, and pre…

Casey J. McKinnon focuses his practice on government contracts and litigation, representing clients in all stages of litigation related to federal contracting, including case strategy, discovery, trials, and appeals. He counsels clients throughout the procurement process including solicitation review, proposal preparation, and pre and post-award bid protests. Casey also assists with day-to-day contracting issues including drafting, reviewing, and negotiating contracts and other matters of contract administration.

Casey is also a member of the firm’s Commercial Litigation Group. His experience spans all aspects of commercial litigation, including discovery, motions practice, oral arguments, and trials. He has litigated cases in Virginia, Maryland, and the District of Columbia on a range of issues, with a focus on contract disputes.  Casey also has appellate experience and has presented arguments before the Virginia Supreme Court.