Contract Claims 101: Claim Sponsorship, Part 7
Claim sponsorship is one of the most important and frequently overlooked aspects of federal subcontracting. Because subcontractors generally lack privity of contract with the Government, their ability to pursue recovery for government-caused impacts often depends entirely on the prime contractor’s ability and willingness to sponsor a Contract Disputes Act (CDA) claim on the subcontractor’s behalf. As a result, the subcontract’s claim and dispute provisions can significantly affect whether a subcontractor can obtain meaningful relief and whether a prime contractor can . . . Read More
Artificial Intelligence or Artificial Interference?: How AI is Reshaping Litigation for Better and Worse, Part II
In the first installment of our blog series, Artificial Intelligence or Artificial Interference?: How AI is Reshaping Litigation for Better and Worse, we wrote about how artificial intelligence (AI) is beginning to have an impact on litigation and various pitfalls created by reliance on AI in the legal context. Late last year, a noteworthy case brought those concerns to fruition after two plaintiffs introduced AI-generated and materially altered exhibits as “evidence.” To be sure, artificial intelligence has its benefits, but, as Mendones v. Cushman and Wakefield, Inc. shows, AI presents significant risks, and attorneys and litigants alike must be cognizant of the impact . . . Read More
When Does a CPAR Stop Mattering? GAO’s Latest Answer Is: It Depends
One of the most common questions government contractors ask after receiving a negative Contractor Performance Assessment Report (CPAR) is also one of the hardest to answer: “How long does a CPAR stay on my record?” Many contractors assume there is a simple answer. At some point, a CPAR becomes too old to matter, and agencies can no longer rely on it. In this blog, we examine a recent Government Accountability Office (GAO) protest decision that demonstrates why the answer is not nearly that simple and . . . Read More
SBA Commends DoW CMMC Suspension
On July 13, 2026, the U.S. Small Business Administration (SBA) Office of Advocacy announced that working with industry partners, including PilieroMazza, the SBA had worked to convince the U.S. Department of War (DoW) to suspend the Cybersecurity Maturity Model Certification (CMMC) program’s Phase II requirements and conduct a comprehensive review of the costs and regulatory requirements associated therewith. The suspension and investigation of CMMC Phase II marks a pivotal moment for small business contractors with concerns about the costly red . . . Read More
Contract Claims 101: Common Construction Appeal Theories, Part 6
While Parts 4 and 5 of this series explored both common and less common theories available to contractors pursuing claims against the federal government, many of which can arise in the construction context, there are more nuanced theories that often , intersect with those more familiar claims involving changes, delays, or defective specifications, presenting distinct legal and evidentiary considerations for construction contractors. Success typically depends on a contractor’s ability to develop a well-documented record demonstrating how specific government actions, omissions, . . . Read More
Virginia’s New Pay Transparency Law: What Employers With Virginia Employees Need to Know Now
Effective July 1, 2026, Virginia has enacted a new pay transparency law requiring employers with Virginia employees to disclose compensation ranges and follow new restrictions on salary history. The law applies broadly and creates both enforcement risk and private litigation exposure. Employers with employees in Virginia should act now to ensure compliance with the new pay transparency law. What the Virginia Law Requires Set and disclose good‑faith pay ranges in postings. Employers must disclose the wage, salary, or wage/salary range . . . Read More
GSA’s Revised AI Clause: Narrower Scope, Broader Compliance Demands on Government Contractors
On June 17, 2026, the General Services Administration (GSA) released a revised version of proposed General Services Administration Regulation (GSAR) clause 552.239–7001 on safeguarding Artificial Intelligence (AI) for public comment, responding to industry concerns regarding scope, applicability, and operational feasibility. The revised clause narrows its applicability to contractors using Large Language Model Artificial Intelligence Systems (LLMs) to process Government Data—but for contractors within its scope, compliance obligations are now far more detailed and enforceable. Below, we discuss key changes. Scope . . . Read More
Employee Organizing 101: What Every Employer Needs to Know Before, During, and After a Union Campaign
Employee organizing activity continues to draw increased attention across industries and across multiple jurisdictions, making it more important than ever for employers to understand their rights, responsibilities, and legal obligations under federal labor law. To help employers better understand this evolving landscape, PilieroMazza’s Labor & Employment Group is launching a three-part blog and webinar series focused on employee organizing and union representation. As the first installment in this series, this blog previews the webinar’s key topics, offering a high-level look . . . Read More
Top 10 Killer Construction Contract Clauses, Part 5: Liquidated Damages Provisions
Liquidated damages clauses are common in construction contracts and can create significant risk for contractors. They set a predetermined daily amount for late completion. Under common law and federal contract law, liquidated damages generally must reasonably estimate anticipated delay damages and cannot operate as a penalty. While they can create certainty, they can also threaten profitability if contractors fail to manage schedule risk. This blog highlights key benefits, risks, and practical considerations associated with liquidated damages clauses for construction contractors. . . . Read More
SBA Issues Proposed Rule Regarding Social Disadvantage Requirements for Individually-Owned 8(a) Applicants
On June 11, 2026, SBA issued a proposed rule entitled “Reforms to Remove SBA’s 8(a) Program’s Rebuttable Presumption of Social Disadvantage for Individually Owned Firms Only; Reforms Do Not Impact Entity-Owned Firms.” This client alert covers key aspects of the proposed rule and how it may impact a contractor’s pending or future 8(a) application. Notably, this proposed rule does not impact current individually-owned participants in the U.S. Small Business Administration’s (SBA) 8(a) business development program (8(a) program) or entity-owned firms. . . . Read More