In this Issue:

- Welcome

- Williams Mullen Announces Coastal Flooding Practice

- Federal Government Contracts

- New Challenges

- Green Certification

- Bankruptcy and Virginia Mechanic’s Lien Rights

- Excerpt from Federal Government Contracts:

When the Federal Government acts badly, but not badly enough to show bad faith – what’s a contractor to do?

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 contract dealings. You responded with the question, suppose the government acts badly in its contract dealings with the contractor, but not to the level of bad faith – do we have a remedy? The answer is yes, you do have a remedy – that remedy being a claim against the government for failing to comply with the implied contractual obligation of good faith and fair dealing with its contractors. If established, the government’s failure to meet the implied obligation can be a material breach of contract, allowing damages for the contractor and relief from further contract performance. This principle and remedy were brought home in the recent Civilian Board of Contract Appeals’ decision in Kiewit-Turner, A Joint Venture v. Department of Veterans Affairs, CBCA 3450 (December 9, 2014).