Federal programs often require individuals employed by multiple corporations and by the federal government to work together. To ensure the project is successful, the prime contract and any related subcontract will often grant...more
Federal contracts famously include a clause permitting the government to terminate the agreement for the government's own "convenience"—even if the contractor did not default on its performance obligations. Aware of this...more
A recent decision from the Court of Appeals of Virginia may have companies doublechecking the workshare terms in their subcontracts. The Court held that a subcontractor's 40 percent workshare only applied to the $70 million...more
When hackers gain access to a subcontractor’s information systems and divert the prime contractor’s payment to themselves instead of to the subcontractor, does the prime contractor still have to pay the subcontractor?...more
6/6/2024
/ Breach of Contract ,
Construction Industry ,
Contract Terms ,
Cybersecurity ,
Damages ,
DFARS ,
Equitable Relief ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Hackers ,
Prime Contractor ,
Security and Privacy Controls ,
Subcontractors ,
Summary Judgment ,
Supply Chain
When two companies negotiate a subcontract in support of a federal government prime contract ("federal subcontract"), they may include provisions capping their liability to each other at specific amounts. In structuring such...more
2/28/2024
/ Breach of Contract ,
Construction Contracts ,
Contract Drafting ,
Contract Terms ,
Counterclaims ,
Damage Caps ,
Federal Contractors ,
Fluor ,
Liability ,
Prime Contractor ,
Quantum Meruit ,
Subcontractors
Government contractors often "flow down" contract clauses from the Federal Acquisition Regulation (FAR) and its supplements to their subcontractors, including clauses related to changes (e.g., FAR 52.243-1) and excusable...more
Teaming agreements are a common, beneficial, and sometimes necessary way for industry to come together and meet the federal government’s needs. But the devil is in the details. A recent decision from the U.S. District Court...more
12/2/2022
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FEMA ,
Fraud ,
General Services Administration (GSA) ,
General Solicitation ,
Joint Venture ,
Material Misrepresentation ,
Misrepresentation ,
Partnerships ,
Prime Contractor ,
Subcontractors ,
Teaming Agreements