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Fixed Price Contracts Contract Terms

Blank Rome LLP

Fixed Price Contracts: Government Contractors Beware

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Many predict that, among other procurement and regulatory reforms, the new administration will implement policies favoring the award of fixed-price government contracts and grants. Throughout the years, the procurement...more

Holland & Knight LLP

Federal Leasing 2023: The Year in Review

Holland & Knight LLP on

This is the first edition of Holland & Knight's Federal Real Estate Leasing Year in Review. For years, our GSA Leasing & Federal Real Estate Team has worked with LexisNexis to provide updated versions of the Federal...more

Bradley Arant Boult Cummings LLP

Hell or High Water: Why Contractors Must Understand Contractual Risks

The Armed Services Board of Contract Appeals (“ASBCA”) recently denied a contractor’s claim for additional compensation as the contractor failed to establish its work was constructively suspended or that its contract was...more

Fox Rothschild LLP

Accessing Remedy Granting Clauses under the Contract Disputes Act

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This is the first of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act. Certified Claims are the primary avenue available to government contractors to recover...more

Blindauer Law PLLC - Government Contracts...

An In-Depth Examination of Inflation Relief for a Government Contractor

Inflation is generally down from 2021, but is still high in too many places, and is expected to persist in 2023.   With inflation eroding value for this long, a Government contractor may need to obtain contract relief.  ...more

Bradley Arant Boult Cummings LLP

Assumptions Will Make a Fool out of You and the Reasonableness of your Delay-Related Costs Claim

Author(s) Sydney M. Warren In one of its recent opinions, Kellogg Brown & Root Services, Inc. v. Sec’y of the Army, the Federal Circuit issued new guidance on what contractors must show to prove the reasonableness of costs...more

White & Case LLP

Construction contracts: who bears the risk of cost overruns?

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Construction contracts may be priced in a number of ways. For most contracts, even those which are "fixed price", there is usually scope for cost/price variability. Four cases from December 2020 highlight some of the...more

Buchalter

Lump Sum or Cost-Plus Contract: You Can’t Have It Both Ways

Buchalter on

It goes without saying that in the world of construction contracts … words matter! There is language in the Goes decision that a cost-plus contract imposes upon the contractor an implied duty to incur reasonable and proper...more

Foley & Lardner LLP

Key Considerations for Pricing Disputes

Foley & Lardner LLP on

Among the most common disputes in the manufacturing industry are disputes over price changes. Most often, such disputes involve a supplier seeking higher prices from its customer. However, there also are instances in which a...more

Pillsbury Winthrop Shaw Pittman LLP

FAR’s Professional Compensation Clause and Keeping Things Real

Court rules agencies must evaluate the realism of compensation in fixed-price professional services contracts. An agency must evaluate the risk of whether an offeror’s proposed professional compensation is too low to...more

Seyfarth Shaw LLP

Don’t Shut Me Down: Tips For Federal Contractors During A Government Shutdown

Seyfarth Shaw LLP on

25 days and counting, the partial government shutdown has left many federal employees with an endless weekend and no paycheck. ...more

Farrell Fritz, P.C.

Another Reason Not to Use Fixed Price Buy-Sell Agreements

Farrell Fritz, P.C. on

Before we get to the case: A fixed price buy-sell agreement is one in which co-owners of a business select a specific dollar amount, expressed either as enterprise or per-share value, for calculation of the future buyout...more

Troutman Pepper Locke

Fixed-Price Contracts Are Simple – Or Are They?

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Fixed-price contracts are well-known among contractors. These agreements seem simple — they do not allow the contract price to be modified after the award unless the parties expressly agree. But is it really that simple? In...more

Troutman Pepper Locke

Fixed-Price Contracts Are Simple - Or Are They?

Troutman Pepper Locke on

Firm fixed-price contracts seem like a simple concept in practice — agreements that do not allow for the modification of the contract price after award without an express agreement between the parties. Originally published...more

Gray Reed

When is an Unforeseen Condition a “Differing Site Condition”?

Gray Reed on

Many construction contracts contain some version of a “differing site conditions” clause. It is found in the current version of AIA’s A201 general conditions, as well as in the EJCDC equivalent. It also appears in most...more

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