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Joseph Darr

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Joe’s practice is focused on construction and commercial litigation in both state and federal courts. His experience includes representing contractors, subcontractors, engineers, and sureties in construction and commercial disputes on large public infrastructure and private projects.

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(This post was included in the Florida Transportation Builders’ Association weekly newsletter.)

As contractors work through the coronavirus (COVID-19) pandemic, many contractors have been impacted in their ability to timely and efficiently complete projects. COVID-19 impacts to a project may result in increased completion costs, including labor inefficiencies, increased equipment costs, and additional material costs. A contractor may attempt to seek those increased costs from the project owner, a subcontractor, or an insurer.

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Continue Reading The Importance of Documenting and Tracking Coronavirus Impacts to Construction Projects

The coronavirus (COVID-19) is gaining speed and construction projects across the country and in Florida have reportedly been slowing or shut down as a result. It’s time for construction contractors, including those working on government projects, to consider whether they will be entitled to additional money and/or time on their projects. In this post, we will take a brief look at how things might shake out on federal government and Florida Department of Transportation (“FDOT”) projects.
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Continue Reading Coronavirus and Government Construction Projects: Do Contractors Get More Money and Time?

If you are an unpaid sub-subcontractor on a federal government project, don’t forget to provide notice of your claim to the general contractor within 90 days and file a lawsuit no later than one year after last furnishing labor or material to the project or you will lose your payment bond rights. That’s exactly what happened in a recent federal court decision in which a sub-subcontractor lost its right to assert its $8.5 million claim against the co-sureties that issued a payment bond because the sub-subcontractor failed to give notice within 90 days and file a lawsuit within one year of last furnishing labor or material on a federal government project.
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Continue Reading Sub-Subcontractor Loses Payment Bond Rights on $8.5 Million Claim for Failing to Provide Timely Notice and File a Lawsuit

The Government Accountability Office (“GAO”) releases an annual report to Congress. In the report, the GAO lists the most common reasons for sustaining bid protests, which vary from year to year. There are usually about five reasons bid protests are successful.
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Continue Reading The Five Most Common Reasons for Winning GAO Bid Protests—Part 2: Unreasonable Past Performance Evaluation

When a contractor decides to file a bid protest to challenge the award of a federal construction project to another contractor, there are three options for where to file the bid protest: (1) at the agency level, (2) the Government Accountability Office (“GAO”), or (3) the United States Court of Federal Claims. There are strengths and weaknesses associated with each of the above options. Many contractors like to file their bid protest with the GAO because it is a relatively inexpensive way to obtain a quick, independent determination regarding the merits of the bid protest. One significant weakness, however, is that the agency may decline to implement the GAO’s recommendation.
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Continue Reading When Winning a Bid Protest Still Means You Lose

The Government Accountability Office (“GAO”) releases an annual report to Congress. In the report, the GAO lists the most common reasons for sustaining bid protests, which vary from year to year. There are usually about five reasons bid protests are successful.
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Continue Reading The Five Most Common Reasons for Winning GAO Bid Protests—Part 1: Unreasonable Cost or Price Evaluation