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Contract Modification

McGinnis Lochridge

Texas Supreme Court Rules on Modification of NPRIs

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In this recent case, the Texas Supreme Court resolved whether ratification of a lease or signing of a stipulation agreement could transform a fixed non-participating royalty interest (NPRI) into a floating NPRI....more

Holland & Knight LLP

Strategies for Persuading the Government to Resume or Reinstate Your Government Contract

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Given the Trump Administration's emphasis on savings and efficiency, many contractors have or will receive a stop-work order or a termination for convenience. A previous Holland & Knight alert outlined the rights and...more

Troutman Pepper Locke

Fourth Circuit Finds Unilateral Change-in-Terms Provision Rendered the Arbitration Agreement Illusory Under Maryland Law

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On March 11, the U.S. Court of Appeals for the Fourth Circuit affirmed the district court’s denial of a motion to compel arbitration in two class-action lawsuits. The decision potentially has far-reaching implications for the...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Tips for Setting the GMP

Under the guaranteed maximum price (GMP) construction contract delivery method, great care and attention must be given by the owner in setting the GMP, usually done by way of a “GMP Amendment,” following the CM’s submission...more

Womble Bond Dickinson

Government Contractors Should Prepare for Executive Order 14222, “Implementing the President’s ‘Department of Government...

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On February 26, 2025, President Trump issued Executive Order 14222, Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Feb. 26, 2025) (“EO 14222”)....more

Wiley Rein LLP

President Trump Issues New EO to Improve “Cost Efficiency” of Government Contracts and Grants

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On February 26, 2025, the Trump Administration issued a new Executive Order (EO) that will significantly impact existing and new government contracts and grants. The stated purpose of the EO, titled “Implementing the...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – February 2025 #4

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Trump’s Executive Order on DOGE Cost Efficiency: Key Takeaways for Government Contractors - On February 26, 2025, President Trump issued an executive order implementing the Department of Government Efficiency (DOGE) Cost...more

McCarter & English Blog: Government Contracts...

New EO Demands Agencies Conduct Review of All Covered Contracts and Grants, Terminate or Modify To Reduce Spending, and Set Up...

On February 26, 2025, the White House issued another Executive Order (EO) that will have major implications for Federal government contractors across numerous industries and agencies. The new EO, entitled Implementing the...more

Davis Wright Tremaine LLP

Armed Services Board of Contract Appeals Restrictively Interprets Standard Government Release Language

The ASBCA restrictively interpreted standard release language in a government modification. In the Sauer Construction case, ambiguous release language couldn't bar a remediation claim, highlighting the need for clear...more

BCLP

Part 4, Procurement Act 2023: Implied Terms, Contract Performance and Transparency

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An Insight, first published in PLC, on Part 4 of the Procurement Act 2023, in particular the new contract management requirements for public contracts and the increased focus on supplier performance and transparency. ...more

Fox Rothschild LLP

DOD to Begin Terminating DEI Contracts and Requirements

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The Department of Defense (DOD) is taking steps to comply with President Trump’s Diversity, Equity, and Inclusion (DEI)-related Executive Orders (EOs). In a memorandum dated January 28, 2025, DOD’s Acquisition and...more

Winstead PC

Presentation: Trust Modifications and Reformations in Texas

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Lead writer for the Fiduciary Litigator blog, David F. Johnson, presented “Trust Modifications and Reformations in Texas” at UT Law CLE’s 21st Annual Changes and Trends Affecting Special Needs Trusts Conference. This...more

Vinson & Elkins LLP

Once More Unto the Breach: Navigating Supply Chain Disruption Amid the Trade Wars – a Construction Contract Checklist

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The tectonic plates have shifted once again, this time with trade tariff announcements from the incoming Trump administration, sowing the seeds for another potential supply chain disruption event. In times like these owners,...more

Maynard Nexsen

DOD Issues Guidance to Contracting Officers Regarding Solicitations and Contracts with DEIA Requirements

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When a new presidential administration results in a new party occupying the White House, taxpayers often expect myriad government and public policy changes will soon follow. Hewing that truism, President Trump began his...more

PilieroMazza PLLC

[Webinar] Government Contracts and New Mandates: Executive Orders and Cost Recovery Strategies Explained - February 12th, 2:00 pm...

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President Trump recently introduced a series of Executive Orders affecting government contractors in terms of new compliance obligations, cost considerations, and enforcement risks. Don’t miss Jackie Unger and Lauren Brier’s...more

Wiley Rein LLP

Practical Tips for Surviving the New Administration’s “Pause” on Federal Contracts and Grants

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The first week of the Trump Administration brought a whirlwind of activity and significant changes across many federal agencies. New Executive Orders (EOs), agency directives, and leadership transitions have sent ripples...more

Freiberger Haber LLP

Giving Two Contract Provisions Their Intended Meaning

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Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is what they say in their writing.” As such, “a written agreement...more

Stikeman Elliott LLP

Hungry for Consideration in Employment Agreements: Are Peppercorns Off the Menu for Employers?

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In the recent decision of Sui v HungryPanda Tech Ltd., 2024 BCSC 1856 (“HungryPanda”), the Supreme Court of British Columbia invalidated a termination provision in an employment agreement by finding the employer had failed to...more

Porter Hedges LLP

The Importance of Change Orders on Construction Claims

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While change orders are widely viewed as a mechanism to increase the contract price in a construction contract, sophisticated players understand that change orders can and should be used to manage claims....more

Cimplifi

Unlocking the Value of Your Contract Data

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By effectively extracting data from contracts, organizations can gain valuable insights into their legal and financial obligations, opportunities for negotiation, and areas of risk, thereby making informed decisions that...more

MoFo Life Sciences

At-Home Diagnostics Articles: Non-Lab Diagnostics: Supply, Manufacturing, And Distribution Agreements

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The advent of the COVID-19 rapid antigen test launched at-home diagnostics to the forefront of conversation in the life sciences industry. Many believe this is only the beginning. As the share of telehealth services...more

PilieroMazza PLLC

[Webinar] Annual Review: Lessons from 2023 Contract Claims and Appeals Decisions Affect Approach to 2024 Cases - April 18th, 2:00...

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From adjustments to terminations, it’s important for government contractors to understand lessons learned from 2023 contract claims and appeals decisions and how these decisions could affect their approach to cases in 2024....more

Fox Rothschild LLP

Market Shortages are No Excuse for Non-Performance

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A recent decision in SBA Contracting, LLC, ASBCA No. 63320 (Oct. 3, 2023) provides an important reminder for government contractors to carefully consider the volatility of market conditions before submitting firm-fixed price...more

Davis Wright Tremaine LLP

Modifications to Contract Preclude Claim for Cardinal Change

The decision in Williams Building Company v. Department of State, CBCA 6650 (April 26, 2023) is another warning about the risk of executing a contract modification without an appropriate reservation of rights. Williams...more

Rivkin Radler LLP

Out-of-Staters Beware: An In-Person Contract Discussion May Subject You to Suit in New York

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Think before you book your next business trip to the Empire State. Perhaps that important contract discussion with your counterpart can be accomplished remotely. Although you may miss out on Long Island’s Gatsbyesque...more

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