Security facility clearance compliance decisions and internal practices are important aspects of being able to perform government contracts. When companies are facing judicial scrutiny or adverse legal actions, it is important to understand the laws and regulations that regulate facility clearances and individuals complying with those laws. As a government… Read more »

A common problem under the Contract Disputes Act of 1978 (CDA) when the subcontractor engages in a pass through contract claims agreement with the prime contractor.  Pass through contract claims and rights in federal construction projects and service contract can become a nightmare for subcontractors when the claims are not properly… Read more »

There are subtle differences between the government’s termination for convenience  (T4C) and FAR termination for default clause (sometimes referred to a FAR termination for cause) decisions. In each situation, the government’s interest is different. In a termination for convenience, the government wants to terminate the government regardless of fault, and when… Read more »

Under what authority can the contracting officer terminate a contract for default or cause? When assessing costs associated with the Termination for Default Clause, you must first understand the government’s rights. Under government contracts law, if your contract contains the Default clause at 52.249-8, the Government has the right, subject to… Read more »

Definition  A unilateral contract is vastly different than a bilateral contract. The elements of a contract are previously discussed in our Contracts article.  There are two main types of contracts: bilateral and unilateral. A Promise for Performance. As comparing unilateral vs bilateral contract differences, a bilateral contract constitutes a promise for… Read more »

Asserting the Right Affirmative Breach of Contract Defenses Can Win Your Case Affirmative defenses to breach of contract are important when another party files a case but you actually have a legal reason for not completing the contract. In contract litigation, there are certain affirmative breach of contract remedies you can assert at… Read more »

Drafting a contract termination letter starts with the basis for the termination and making sure that the underlying reason for the letter does not breach the contract. The decision to terminate a contract can arise from several situations that include: employment terminations, breach of contract situations, terminating services, construction performance… Read more »

Define Breach Potential Before Filing a Lawsuit As a party to a contract, you generally would not get to the issue of remedies unless you first define whether there is a breach. Meeting the definition of  breach of contract occurs when one of the parties fail to act or perform according to… Read more »

As CEO of the company, receiving the government’s notice of contract termination is one of the sudden blows that you do not usually dream of seeing. Your anticipated profits and the future of your business is at risk. Knowing how to take the next steps is essential because you can inadvertently reduce… Read more »