Civil Remedies › Government Contracting › Commercial Law & Contracts

Virginia Supreme Court Awards Lost Profits for Breach of Non-Compete Provision in Government Subcontract

For the first time, the Supreme Court of Virginia has provided specific guidance on how to calculate damages for the breach of a non-compete/exclusivity provisions of a contract where the breach resulted in the loss of a...more

High Court Limits Recovery for Wrongful Termination of Negotiations | La Cour de cassation limite l’indemnisation de la rupture...

Court holds that parties cannot be compensated for loss of opportunity to perform a contract where there is no firm and binding agreement. On 18 September, the French Supreme Court for Judicial Matters (Cour de...more

Alabama Supreme Court Reverses Overly-Broad Injunction Prohibiting Competition Among Defense Contractors

Earlier this year, the Alabama Supreme Court reversed a preliminary injunction entered by the trial court in a case involving competing defense contractors at the Redstone Arsenal in Huntsville. See Monte Sano Research Corp....more

Changes to North Carolina Lien and Bond Law – What You Need to Know

A number of significant changes to North Carolina’s lien and bond statutes were just signed into law. In part, these changes are in reaction to concerns from the title insurance industry about so-called “hidden” liens, the...more

UK Public Procurement Law Digest: Successfully Setting Aside UK Procurement Contract Awards

Ever since UK law was changed to permit courts to set aside improperly awarded public contracts, there has been a series of unsuccessful attempts to invoke the new remedy. Successful set-aside applications have been rare...more

2012 California Construction Law Update

With the new year comes a host of changes to laws impacting the construction industry in California. Addressed below are some of the most important new laws to be aware of. Unless otherwise noted, all of these laws take...more

Town may not choose high bidder based on criteria not in bid specs where no fiinding that low bidder not responsible

Low bidder, if responsible, cannot be rejected by town in favor of high bidder based on criteria not in bid specs

Defendant town conducted a bidding process for services. The bid documents had specific criteria by which bidders were to be measured. When the bids were opened, the plaintiff was the low bidder. However, after site visits to...more

Let Bygones Be Bygones - Except When It Comes To "Out of Scope" Modifications

After an unsuccessful bid protest, many contractors assume that their chance at getting a piece of the action has passed. They assume that they have exhausted their remedies and that all of the spoils inevitably will go to...more

Salvaging Your Government Proposal

A Short Primer on Federal Bid Protests. This short (5 page) introduction to bid protests is for the business that is considering bidding on government contracts and lawyers wanting to understand more about the...more