Supreme Court Restarts $7.5B Big Bend Border Work in Texas
Construction on $7.5 billion of Big Bend Sector border barrier and road contracts in West Texas can resume after the Supreme Court stayed a federal injunction on Nov. 9, ENR reports.
Market Impact
The unsigned order stays the Oct. 2 injunction from U.S. District Judge Kathleen Cardone of the Western District of Texas. That injunction had halted all construction and ground-disturbing work across the sector, including portions of Big Bend National Park. The court said the government is “exceedingly likely to prevail” on its argument that Cardone lacked jurisdiction over the plaintiffs’ major-questions-doctrine claim. Justice Ketanji Brown Jackson would have denied the stay.
The stay is temporary. If the justices agree to review the case, work can continue until a final ruling. If they decline, the stay ends automatically and construction in Big Bend will be restricted again. ENR notes that U.S. Customs and Border Protection had not said whether crews are back on site or when they will be.
Three contractors hold the five contracts. Barnard Construction holds two totaling nearly $2 billion. Fisher Sand & Gravel holds two totaling about $3.8 billion. Southwest Valley Constructors, a Kiewit unit, holds a $1.72 billion task order centered on Big Bend National Park. That order covers 17 miles of low-profile vehicle barriers and about 205 miles of patrol-road improvements. Its performance period ends May 11, 2027, with options into 2028.
Before the injunction, crews began erecting 30-ft steel barrier panels on Sept. 15 along a 47-mile stretch in Hudspeth County. Three projects awarded March 5 call for 30-ft bollard-style pedestrian barriers. Another, awarded June 2, covers about 160 miles of vehicle barriers.
A second case is still open. Conserve Big Bend and six landowners filed suit Sept. 14 in federal court in Washington, D.C. They challenge DHS findings supporting about 600 miles of planned barrier work across five project areas. The Supreme Court’s order does not decide that question.
What It Means for Subcontractors
- Price the stop-work risk. Courts have already halted this work once, and the stay depends on whether the justices take the case. Earthwork, paving and fencing bids should carry a line for a second shutdown. The source names no subcontract packages, so confirm scope and release status with Barnard, Fisher or Southwest Valley before pricing.
- Ask for suspension-compensation language before signing. Seek standby rates, paid demobilization and remobilization, and schedule relief if a stop-work order lands. The government told the court the injunction cost it nearly $500,000 a day. That is roughly $15 million over a 30-day halt, a sense of the money at stake on the prime side.
- Patrol-road paving and grading crews: The Southwest Valley order includes about 205 miles of road improvements in and around the park, with a performance period ending May 11, 2027. Match your crew availability to that window and to any 2028 options.
- Steel erection and fencing crews: Panel installation started Sept. 15 in Hudspeth County on a 47-mile stretch. The March 5 bollard awards and the June 2 vehicle-barrier award of about 160 miles are the other fencing-heavy scopes.
- Track the court’s next step. The decision on whether to hear the case is the trigger. A denial ends the stay automatically and restricts Big Bend construction again. Hold mobilization commitments, such as equipment leases and camp contracts, until the primes confirm restart dates in writing.
- Watch the D.C. suit. It targets about 600 miles of planned work across five project areas, so an adverse ruling there could reach beyond Big Bend.
