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Contract Modification

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

Quarles & Brady LLP

Supply Chain Survival Series: Contract Modification (Article #7)

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In previous articles in the Supply Chain Survival Series, we discussed how contracts are formed and what UCC default terms apply in a Battle of the Forms scenario. We now turn our attention to how parties can modify contracts...more

PilieroMazza PLLC

[Webinar] Termination for Convenience: How to Prepare Your Settlement Proposal - December 15th, 2:00 pm ET

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Nearly every government contract has a clause that allows the government to terminate the contract, or a portion of the contract, for convenience (i.e., when the government has determined that it no longer needs the goods or...more

McCarter & English Blog: Government Contracts...

“Respect My Authority!”—An Important Reminder as DoD Issues an Updated Guidebook for Contracting Officer Representatives

Like most businesses, government contractors are in the customer service field and have been conditioned to operate by the old adage that the “The customer is always right.” After all, the customer pays the bills, right? As a...more

Wiley Rein LLP

Claim or REA? Final Decision or Not? These Questions Can Be Hard, but They Are Important for Appeal Jurisdiction

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Contractors often face disagreements with their agency customers during performance – maybe an unforeseeable delay, a cost spike, or some sort of change – that prompts action involving the contract terms. This action might be...more

McGlinchey Stafford

Has my contract been modified? - McGlinchey Commercial Law Bulletin - September 22, 2022

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Ohio- Assignee of Contract- Auto Loan, Inc. v. Sisler, 11th Dist. Portage No. 2022-Ohio-3282. In this appeal, the Eleventh Appellate District reversed the trial court’s decision finding that the plaintiff was not an...more

Dunlap Bennett & Ludwig PLLC

Word To The Wise: Prior Discussions Will Not Prevent A Modification From Waiving A Contractor’s Right To Assert A Future Claim

Oftentimes contractors face changing circumstances during contract performance through delays or change orders and then seek to recover additional time and funding through a bilateral modification with the government. ...more

Akerman LLP - HR Defense

Employers: Be Careful What You Include In A Handbook

Most employers include provisions in their Employee Handbook giving them the right to modify the policies at any time. They also make clear that the handbook is not a contract and does not create contractual obligations....more

PilieroMazza PLLC

Identifying and Quantifying Government Contract Claims

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Filing a claim against a government agency to recover time and/or money related to a contract can be a daunting process. Understanding the claims process and, if necessary, the appeals process is essential. Whether...more

Bradley Arant Boult Cummings LLP

Accord and Satisfaction: To Release, or Not Release? That is the Question.

Generally, an “accord and satisfaction” is an agreement between two or more contracting parties to accept an alternate agreement and performance in lieu of a preexisting contractual duty between the parties. The new...more

Dunlap Bennett & Ludwig PLLC

Essential Agreement Considerations

When drafting agreements, there are essential terms that each party needs to consider in order to make sure that they have a well written contract that will protect their interests. A few of these considerations include the...more

PilieroMazza PLLC

[Webinar] Identifying and Quantifying Government Contract Claims - August 17th, 2:00 pm - 3:00 pm ET

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Filing a claim against a government agency to recover time and/or money related to a contract can be a daunting process. Understanding the claims process and, if necessary, the appeals process is essential. Whether...more

Dechert LLP

Final IRS Regulations on Transition from LIBOR to Other Reference Rates

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The U.S. Department of the Treasury and the Internal Revenue Service on December 30, 2021, issued final regulations (“Final Regulations”) allowing a tax-free treatment of “covered modifications,” as defined, of certain...more

Bricker Graydon LLP

[Webinar] Kentucky Construction Contracts 101 - September 28th, 12:00 pm - 1:00 pm EST

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Construction owners in Kentucky understand that all projects are unique. However, many project owners still use the construction industry’s standardized forms for their contract documents. In this webinar, Bricker...more

Cohen Seglias Pallas Greenhall & Furman PC

Bilateral Modifications: Read, Re-Read, and Read Again Before You Sign

The Armed Services Board of Contract Appeals’ (ASBCA) recent decision in Odyssey International, Inc. provides contractors with yet another cautionary tale when executing modifications with the government: make sure you fully...more

Obermayer Rebmann Maxwell & Hippel LLP

Commercial Item Contracts and Constructive Changes: When Your Shield Becomes Their Sword

Commercial vendors who might otherwise be unwilling to take on the regulatory burdens of federal procurement have nevertheless been attracted to Federal contracting by the protections offered by Federal Acquisition Regulation...more

Womble Bond Dickinson

Sublandlord Considerations When Subleasing Space

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The COVID-19 pandemic has increased the number of companies that are switching to full-time telework or hybrid work arrangements, often resulting in reduced space needs. To minimize monetary exposure for unused premises, some...more

Womble Bond Dickinson

Post-COVID Needs: Less Space, Less Cost, Less Lease

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We’ve all taken a few steps forward, professionally, in terms of doing more with less as a result of the COVID-19 pandemic. Work travel? Zoom. Physical office? Home. Commute?...more

Hogan Lovells

Landlords win victory in latest CVA challenge case

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In the latest High Court decision relating to Company Voluntary Arrangements in the UK, the judge held that the Regis hairdressing group CVA should be revoked on the basis that it favoured shareholders at the expense of...more

Snell & Wilmer

Wash Your Hands and Read Your Contract: COVID-19 Reminders for the Construction Industry

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A year into the pandemic, many of us are reflecting on how far we have come. While we may laugh at the memory of wiping off grocery bags with Clorox, some of the lessons, like washing your hands for at least 20 seconds, are...more

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