Small Business Mergers and Acquisitions

Avoid the Wrath of the SBA’s Present Effect Rule Many government small businesses make the huge step of merging with other companies for viable business reasons. However, when considering small business mergers and acquisitions impact, the  SBA’s “present effect” rule, the SBA considers agreements to merge (including agreements in principle) as… Read more »

Forming a Limited Liability Partnership LLP in Colorado

Understand and apply the various nuances of an LLP before there are  disputes and its too late. Forming a Colorado limited partnership means operating a business with more than one owner. This type of business partnership offers owners some level of limited personal liability for business debts. Partnership laws in… Read more »

National Origin Discrimination in the Workplace — Colorado

Information for Colorado Employers that Can Minimize Litigation National origin discrimination in the workplace, under Colorado discrimination laws, occurs when employers treat applicants or employees unfavorably because of factors such as ethnicity, national origin, accent, or even if the employer perceived them to be of a certain national original regardless of whether… Read more »

Defective Specifications & Construction Defect Contract Claims

When arguing or negotiating construction defect claims for defective specifications in federal government contract claims, companies must show that such defective specifications are not suitable for producing the required result. These are very fact specific situations that must be first introduced at the Agency level. Contractors often make the costly mistake of introducing new… Read more »

Joint Venture Advantages and Disadvantages

Although the SBA has new rules addressing joint venture agreements and affiliation, if you have a JV agreement that does not meet the regulatory requirements, your company can still be affiliated and lose the contract. In federal government contracting, there are many joint venture advantages and disadvantages (JV). However, there… Read more »

Termination for Default Government Contracts & Reprocurement Costs

When the federal government awards a contract, the Termination for Default Clause acts to the agency’s advantage in the end.When contractors attempt the appeal the agency’s contract termination for cause action, there are specific rules you must be aware of. One of them is paying damages to the government for… Read more »

Cost Accounting Standards FAR CAS Exemptions

Many government contracts are subject to cost accounting standards (“ CAS ”).  The nineteen CAS standards “govern the allocation of costs among the various contracts being performed by a government contractor.”  While many contracts are subject to CAS exemptions, many are not. As a government contractor, it is crucial to… Read more »

Federal Construction Out of Scope Work Changes & Constructive Changes

In government construction contracting, a general contractor often litigates contract disputes about construction scope of work changes but often finds after thousands in litigation costs, that it has either failed to follow FAR procedure or took a substandard technical approach to getting paid.  For large federal projects, the risk of losing… Read more »