News & Analysis as of

Breach of Contract Federal Contractors

Venable LLP

The Subcontractor Performed. The Prime Contractor Paid. But a Hacker Ended Up with the Money. Who Is Responsible?

Venable LLP on

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

Venable LLP

Federal Contractors and Subcontractors May Want to Double-Check the Liability Caps in Their Agreements After This Court Decision

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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

Bradley Arant Boult Cummings LLP

Breach vs. Default — What’s the difference?

The words breach and default are often used interchangeably to indicate that somebody hasn’t done what they were legally required to do. According to Black’s Law Dictionary, the words do appear somewhat interchangeable. ...more

Bradley Arant Boult Cummings LLP

Subcontractors’ COVID-19-Related Claims Survive Motion to Dismiss

In the Armed Services Board of Contract Appeals (ASBCA) appeal of McCarthy HITT – Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (Dec. 20, 2023), a contractor brought suit for a collection of COVID-19-related claims on...more

WilmerHale

When Is a Bait-and-Switch Not a Bait-and-Switch? When Key Personnel Ignore Their Non-Compete Agreements

WilmerHale on

Can a disappointed offeror successfully challenge an award by demonstrating that it had signed non-compete agreements with the awardee’s proposed key personnel? Not necessarily. ...more

Wiley Rein LLP

[Webinar] What Companies and Others Need to Know about DC’s New Pay-to-Play Law - November 15th, 2:00 pm - 2:30 pm EST

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The District of Columbia’s new pay-to-pay law becomes operational the day after the election, November 9, 2022. During this 30-minute webinar, you will learn about the nuances of the new law and how companies, trade...more

Wiley Rein LLP

DOJ Leverages Government Ethics Statute in Civil False Claims Suit

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WHAT: The U.S. Department of Justice (DOJ) filed a six-count Complaint against a federal contractor, Intelligent Fiscal Optimal Solutions, LLC (iFOS), in the District of Maryland, alleging three violations of the Civil False...more

Smith Anderson

4th Circuit Blocked Future Litigation on a Related Issue on U.S. Navy Contract

Smith Anderson on

Fourth Circuit decision reminds litigants that settlement agreements can have far-reaching effects on the relationship between the parties. A recent decision of the U.S. Court of Appeals for the Fourth Circuit addressed...more

Bradley Arant Boult Cummings LLP

Government’s Failure to Grant REA Can Constitute Breach of Contract - Construction and Procurement Law News, Q1 2021

The U.S. Court of Appeals for the Federal Circuit, in BGT Holdings LLC v. United States, recently held that the government does not have the discretion to deny a contractor’s request for equitable adjustment (REA) under...more

Bradley Arant Boult Cummings LLP

Government's Failure to Grant REA Can Constitute Breach of Contract

The U.S. Court of Appeals for the Federal Circuit, in BGT Holdings LLC v. United States, 1 recently held that the government does not have the discretion to deny a contractor's request for equitable adjustment (REA) under...more

Bradley Arant Boult Cummings LLP

Govt’s Failure to Grant REA Can Constitute Breach of Contract

The U.S. Court of Appeals for the Federal Circuit, in BGT Holdings LLC v. United States, recently held that the government does not have the discretion to deny a contractor’s request for equitable adjustment (REA) under...more

Davis Wright Tremaine LLP

ASBCA Provides Limits on Application of Severin Doctrine

In JAAAT Technical Services, LLC, the Armed Services Board of Contract Appeals (ASBCA) addressed the breadth of application of the Severin doctrine, which restricts a prime contractor's ability to file claims on behalf of a...more

Wiley Rein LLP

DC Pay-to-Play Law Now in Effect

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The day after this year’s general election – November 4 – the pay-to-play law for the District of Columbia became operational. The District now joins a list of states and localities that includes New Jersey, Maryland,...more

Pillsbury Winthrop Shaw Pittman LLP

Can the Government Terminate a Contract for Convenience When It Does Not Actually Terminate the Contract for Convenience?

Court of Federal Claims rules that the government “constructively” terminated a contractor for convenience when it did not order the quantities specified in the contract. The “constructive termination for convenience”...more

ArentFox Schiff

Huawei Rule Part 2: You “Use,” You Lose (Government Contracts)

ArentFox Schiff on

The new regulations prohibit government agencies from entering into, extending, or renewing a contract with contractors if they use any equipment, system, or service that uses certain Chinese telecommunications equipment or...more

Morrison & Foerster LLP

Interim Rule Issued To Implement 2019 NDAA Prohibition On The Use Of Covered Telecommunication And Video Surveillance Equipment Or...

On July 14, 2020, the Federal Acquisition Regulation (“FAR”) Council published a long-awaited interim rule (the “Interim Rule”) implementing the second prong of Section 889 of the 2019 National Defense Authorization Act...more

Obermayer Rebmann Maxwell & Hippel LLP

Don’t Wait - A Protest is Too Late - To Challenge or Correct Your Bad CPARS

Have you ever received a negative CPARS that you felt was unjustified? Did that negative CPARS cause you to lose other contract awards? That is what happened to the contractor-protester in Colonna Shipyard, Inc. v. U.S., a...more

Bradley Arant Boult Cummings LLP

Government's Over-Inspection Sufficient to Support Breach of Duty of Good Faith and Fair Dealing - Construction and Procurement...

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

Fox Rothschild LLP

Accept No Imitations: Contractor Cannot Recover For Claim Based On Brand Name Products

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When a contractor delivers goods to the government that do not conform to the precise requirements of the contract, the results are usually . . . not good. When the agency specifies certain products in the contract, the...more

Troutman Pepper

Court of Federal Claim Rejects Spearin Claim and Holds Contractor Responsible for Failure to Prevent Mold Growth

Troutman Pepper on

James Talcott Construction, Inc. v. United States, No. 14-427 C, 2019 BL 72711, at *1 (Fed. Cl. Mar. 4, 2019) - In May of 2010, the United States, acting through the Department of Defense (the “Government”) awarded a...more

Holland & Knight LLP

ASBCA Enforces Contractor’s Commercial Software License Against Government

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The Armed Services Board of Contract Appeals' (ASBCA) recent decision in CiyaSoft Corporation confirms that government agencies that procure commercial computer software will be subject to a seller's commercial license terms...more

Farrell Fritz, P.C.

Congressional Appropriations Riders Suspended Affordable Care Act Mandates On Risk Corridors Program

Farrell Fritz, P.C. on

In a decision last week that could affect $12 billion that insurers assert is owed by the federal government, the Federal Circuit decided that HHS was not required to pay amounts required by statute because Congress had...more

Bradley Arant Boult Cummings LLP

A Warning for Government Contractors: Sovereign Immunity

A recent Georgia appellate court decision serves as a stark reminder to contractors on government projects that sovereign immunity, though frequently disclaimed in the contract, may limit a contractor’s ability to recover. In...more

Latham & Watkins LLP

US Government Contractors Face New Cybersecurity Requirements

Latham & Watkins LLP on

As of December 31, 2017, many United States government contractors face a new compliance requirement involving cybersecurity. This requirement will govern most new Department of Defense (DoD) contracts and, significantly,...more

Troutman Pepper

Federal Court Holds That Under Louisiana Law, Actual Notice Of Cause Of Delay Satisfies Contractual Notice Requirement Despite...

Troutman Pepper on

Parkcrest Builders, LLC v. Hous. Auth. of New Orleans, 2017 U.S. Dist. LEXIS 125012 (E.D. La. August 8, 2017) - The Housing Authority of New Orleans (“the Authority”) contracted with Parkcrest Builders, LLC (“Parkcrest”)...more

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