News & Analysis as of

Termination for Default Federal Contractors

Davis Wright Tremaine LLP

Federal Circuit Clarifies the De Novo Review Standard for a Termination for Default

Department of Transportation v. Eagle Peak Rock & Paving, Inc., concerns a $35 million contract that the U.S. Department of Transportation Highway Administration ("FHWA") awarded to Eagle Peak Rock & Paving, Inc. ("Eagle...more

McCarter & English Blog: Government Contracts...

When the Cure Is Worse Than the Disease: Recent CBCA Decision Regarding Improper Default Terminations Provides a Teachable Moment...

As most government contractors will readily admit, there are few pieces of mail more unwelcome than a cure notice from Uncle Sam. This letter, for those of you who may be blissfully unaccustomed, is a government-issued...more

Husch Blackwell LLP

How a reservation of rights can affect the outcome of a dispute on a government contract

Husch Blackwell LLP on

Contractors and contracting officers are often asked to make tough decisions about issues that arise in the course of a complex government contract. Decisions that change the scope of work, the schedule, or the cost of the...more

PilieroMazza PLLC

5 Key Ways a Contractor Can Be Subject to a Government Claim

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The performance of any government contract by a contractor has the potential to bring certain monetary risks of a government claim against the contractor. Below, we discuss 5 key ways a government contractor can be subject to...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: Avoiding Terminations for Default, and the Impact of T4Cs and T4Ds - October...

Obermayer is excited to continue its “GovCon Examiner Live” webinar series in 2021. Over the course of the next 12 months, our experienced government contracting attorney Maria Panichelli will bring her popular GovCon...more

Morrison & Foerster LLP - Government...

U.S. District Court For The District Of Columbia Finds That Alleged Cybersecurity Vulnerability Is Not Material Under False Claims...

In a decision sure to bring some comfort to contractors providing information technology equipment and services to the federal government, a U.S. district court judge recently granted a motion to dismiss a False Claims Act...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: Avoiding Terminations for Default, and the Impact of T4Cs and T4Ds - July...

Obermayer is excited to introduce its new “GovCon Examiner Live” webinar series, your resource for the fundamentals in government contracting and small business procurement. Over the course of 12 months, our experienced...more

Burr & Forman

Contracting Offficer’s Belief That Contractor Could Not Meet Schedule Requirements Insufficient to Support Default Termination

Burr & Forman on

There is objection evidence.  There is subjective evidence.  And sometimes, it is a combination of both  A case cannot go much worse when a court’s opinion starts with the following: “This case concerns a contract in which a...more

Bradley Arant Boult Cummings LLP

Termination for Default – the Government's Burden - Construction and Procurement Law News, Q3 2019

In Alutiiq Manufacturing Contractors, LLC v. United States, the U.S. Court of Federal Claims ruled that the Government had improperly terminated a construction contract for default and ordered that the default termination be...more

PilieroMazza PLLC

BLOG: Could You Be the Target of a Government Claim?

PilieroMazza PLLC on

Most contractors know that they may submit a claim under the Contract Disputes Act (CDA) if a problem arises during performance. However, many contractors are not aware that the government also has the ability to bring a...more

Williams Mullen

Suspension and Debarment

Williams Mullen on

The government can suspend or debar an entity or individual for a host of actions or omissions, barring them from doing business with the government. A proactive strategy of self-examination, corrective action and engagement...more

Burr & Forman

When Is the Contractor’s Termination for Default Proper? When It Does Bad Things

Burr & Forman on

Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of...more

PilieroMazza PLLC

Understanding Government Contract Terminations

PilieroMazza PLLC on

It is important for prime contractors to understand what it means if its contract with the Federal Government is terminated and what rights and obligations it has. Nearly every Government contract contains a clause allowing...more

McCarter & English, LLP

Litigating Against the Government? Recent Decision Regarding Claim Certification Dispute Proves That Forrest Gump's Mama Was Right...

Forrest Gump’s mama was a brilliant woman. As anyone who watched the 1994 Academy Award-winning classic can confirm, Mrs. Gump’s advice to her son provided an indispensable well of wisdom from which Forrest often drew to...more

Cohen Seglias Pallas Greenhall & Furman PC

Termination for Default Held Improper

A contractor performed a project involving the construction of stone dike extensions and other work at four sites on the Mississippi River. Nelson, Inc. ASBCA No. 57201 (December 15, 2015). One of the issues was whether the...more

PilieroMazza PLLC

Claims Webinar Series: Contract Terminations

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In this presentation: - Termination for Convenience (“T4C’) - Termination for Default (“T4D”) - T4C vs. T4D at a glance - Brief overview of termination appeals - Q & A Please see full...more

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