Supply Contracts

News & Analysis as of

Federal Court of Appeals Rules that California Water District May Recover Expectancy Damages from the United States

Opinion Reverses Trial Court, and Bureau of Reclamation May Owe Additional Damages for Breach of Water Supply Contract - A recent federal appellate decision may clear the way for water purveyors to collect damages when...more

CMS Announces Plans for Round 2 DMEPOS Competitive Bidding Recompete

CMS has begun a pre-bidding awareness program in connection with its plans to recompete the supplier contracts awarded in Round 2 of the Medicare Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS)...more

Risky Business: How Rules Governing Counterfeit Electronic Parts and Reporting on Nonconformance Have Put Risk at a Premium in the...

Any contractor or subcontractor supplying the government with electronic parts or other items should consider new rules aimed at controlling counterfeit electronic parts and monitoring for nonconformance. In an industry...more

OESA Regional Meeting – Chicago Automotive Supplier Industry Update

Are you aware that General Motors (“GM”) issued new general terms and conditions (“Terms”) for direct material, customer care & aftersales, and tooling purchases effective for requests for quotation issued on or after July...more

Bridging the Gap: English Courts Uphold Enforceability of Long-term Commodity Supply Contracts

Term contracts for the supply of commodities – especially over a term of several years – are often expressed to be legally binding, but can leave important terms to be agreed between the parties, for example, on an annual...more

TRANSACTIONAL: Bankruptcy: Contractor Insolvency Issues in Large Project Transactions

An issue that is often overlooked, but should be considered in the context of large project transactions, is the potential insolvency of contractors and subcontractors. A bankruptcy proceeding involving a key contractor can...more

Paris Energy Series No. 7: Take-or-pay Conditions in Gas Supply Agreements

I. Introduction - Take-or-pay provisions are now fairly common in long-term offtake and supply agreements in the energy sector, a notable example being gas supply agreements. In essence, take-or-pay provisions...more

Non-Signatories Lose In Two Federal Circuits When Trying To Enforce Arbitration

Two federal circuit courts recently reversed district court decisions allowing non-signatories to compel arbitration. The analysis emphasizes that for a defendant to prove equitable estoppel compels arbitration, the...more

The National Defense Authorization Act of 2013 will Change Small Business Contracting and Teaming

Federal government contractors that contract or team with small businesses must become familiar with recent changes resulting from the National Defense Authorization Act of 2013, signed into law in early January (the “NDAA”)....more

REGULATORY: EU Competition Law: European Commission opens two abuse of dominance inquiries against Bulgarian and Romanian Energy...

The European Commission (“Commission”) has announced two formal proceedings to investigate potential competition law violations by energy companies in Eastern Europe. The Commission is investigating whether Bulgarian Energy...more

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