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Contract Modification Armed Services Board of Contract Appeals

Fox Rothschild LLP

Market Shortages are No Excuse for Non-Performance

Fox Rothschild LLP on

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

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

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

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

Obermayer Rebmann Maxwell & Hippel LLP

ASBCA Holds Government Accountable for Home Office Overhead Where the Government Fails to Issue a Timely Contract Time Extension

Imagine you receive an award for a federal project that will require your subcontractor to start work right away. You make sure your subcontractor is ready to go at the planned start date, but the Government delays the start...more

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