Bill on Bankruptcy: What's in the $83M ResCap Examiner's Report?
Obermayer is excited to introduce its new “GovCon Examiner Live” webinar series, your resource for the fundamentals in government contracting and small business procurement. Over the course of 12 months, our experienced...more
In Future Forest, LLC, CBCA 5863 (March 9, 2020), the Civilian Board of Contract Appeals discussed the relationship between a minimum delivery order, comments on what volume of deliveries the contractor could anticipate under...more
The Armed Services Board of Contract Appeals’ recent decision in Appeal of Watts Constructors, LLC gave life to a contractor’s claim that the government violated its implied duty of good faith and fair dealing. Under a...more
As any experienced government contractor knows, poor performance under a federal contract can have significant consequences. ...more
Comments from the Department of Defense—and recent good faith and fair dealing decisions—point to improved contractor/government relationships. Government officials are actively encouraging collaboration with, and less...more
The contractual duty of “good faith and fair dealing” is well established in private contracts. Depending on your jurisdiction, there is very likely either a formal or an informal rule that parties to a contract must deal...more
Implied in every government contract is a requirement of “good faith and fair dealing” regardless of whether the written terms state such a requirement. Therefore, contractors should be careful to avoid conduct that the...more
G4S Technology LLC v. US, 779 F.3d 1337 (Fed. Cir. 2015) – A subcontractor worked on construction of wireless broadband networks for rural communities that was funded in part by a loan to the prime contractor from a US...more
In Tug Hill Construction Inc., the Armed Services Board of Contract Appeals (“Board”) recognized the limits of the implied duty of good faith and fair dealing. In this case, the government entered into a firm, fixed-price...more
In the prior issue of this newsletter, we included an article on the high standard of proof and the practical considerations for a federal government contractor claiming that the federal government acted in bad faith in its...more
Ever since the Federal Circuit’s 2010 decision in Precision Pine & Timber, Inc. v. U.S., the controlling standard for the government’s duty of good faith and fair dealing has been in flux. Prior to Precision Pine, it was...more
In a recent decision, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) the supervising court for the Court of Federal Claims and the Boards of Contract Appeals, among others) clarified important legal principles...more
For any government contractor that has had a differing site condition claim denied despite relying on a government geotechnical report about the subsurface conditions of the project site, the U.S. Court of Appeals for the...more
It is likely that most prime contractors, at one time or another, have felt that their Government customer was not treating them fairly. It is not always clear, however, when conduct that the contractor views as unfair or...more
In a ruling highly anticipated among government contractors, the United States Court of Appeals for the Federal Circuit held on February 11, 2014, in Metcalf Construction Company, Inc. v. United States, No. 2013-5041 (Fed....more
One of the biggest challenges federal contractors face these days is the time agencies are taking to make decisions that impact the contractors' bottom lines. These delays can be particularly damaging to firms performing...more