Federal Projects Demand
Federal-Grade Contracts
Whether you're building for the federal government or managing private projects across state lines, federal construction law creates unique requirements and protections that your contracts must address.
Public Projects
Federal government contracts, GSA projects, military installations, and federally-funded infrastructure. Subject to Miller Act bonds, Davis-Bacon wages, and FAR compliance.
Private Projects
Interstate commercial construction, multi-state developments, and projects with federal funding components. State lien laws apply, but federal contract principles govern disputes.
Federal Construction Requirements
Federal public works projects are governed by strict statutory requirements. Understanding these laws is essential to protecting your interests.
Miller Act (40 USC ยง 3131)
Payment & Performance Bonds- Performance Bond: Required for contracts over $150,000 to guarantee project completion.
- Payment Bond: Protects subcontractors and suppliers who cannot lien federal property.
- Claim Deadlines: Claims must be filed within 90 days of last work, suit within 1 year.
- Your Protection: Ensures you can recover payment even without lien rights.
Davis-Bacon Act
Prevailing Wage Requirements- Applies To: Federal contracts exceeding $2,000 for construction, alteration, or repair.
- Wage Rates: Contractors must pay locally prevailing wages and fringe benefits.
- Certified Payrolls: Weekly certified payroll submissions required.
- Owner Benefit: Ensures quality labor and prevents underbidding on labor costs.
Buy American Act
Domestic Materials Requirement- Requirement: Use of domestic materials and manufactured goods on federal projects.
- Threshold: Materials must be mined, produced, or manufactured in the U.S.
- Exceptions: Limited waivers for unavailability or unreasonable cost.
- Compliance: Contractors must certify Buy American compliance.
Federal Acquisition Regulations
FAR Contract Requirements- Standard Clauses: FAR mandates specific clauses in all federal contracts.
- Changes Clause: Government right to order changes within scope.
- Disputes Clause: Specific procedures for resolving contract disputes.
- Termination Rights: Government termination for convenience or default.
Interstate & Multi-State Construction
Private projects with federal connections or interstate scope require careful attention to applicable law and contract protections.
State Lien Laws Apply
No Federal Mechanics' Lien- No Federal Lien: There is no federal mechanics' lien law for private property.
- State Law Governs: The state where the project is located controls lien rights.
- Varying Requirements: Notice deadlines, recording requirements differ by state.
- Multi-State Projects: May need to comply with multiple state lien laws.
Choice of Law
Governing Law Selection- Contract Provision: Contracts should specify which state's law governs disputes.
- Venue Selection: Where disputes will be litigated or arbitrated.
- Federal Diversity: Interstate disputes may be heard in federal court.
- Strategic Planning: Choose favorable law while maintaining enforceability.
Federally-Funded Private
Grant & Loan Requirements- Triggered Requirements: Federal funds may trigger Davis-Bacon or other federal laws.
- HUD Projects: Section 3 hiring requirements for housing projects.
- Highway Funds: FHWA requirements for transportation projects.
- Compliance Audits: Federal funding subjects projects to federal oversight.
OSHA Requirements
Federal Safety Standards- Universal Application: OSHA applies to all construction, public and private.
- 29 CFR 1926: Specific construction safety standards.
- Contract Provisions: Allocate OSHA compliance responsibility in contracts.
- Indemnification: Protect against liability for safety violations.
Federal Contract Services
Contract Review
We review federal and interstate contracts for compliance with applicable regulations, identify risks, and explain your rights and obligations.
Bond & Payment Protection
We structure contracts to protect your payment rights under the Miller Act or state bond laws, and prepare bond claims when needed.
Drafting & Revision
We draft or revise contracts for federal compliance, multi-state operations, and interstate projects with proper choice of law provisions.
Ready to Protect Your Federal Project?
Federal and interstate projects require specialized contract expertise.
Let us review your contract and ensure you're protected.