Pleading the proper affirmative breach of contract defenses 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 trial. By proving viable contract defenses to the required… Read more »
What is a contract? It is an agreement between two or more persons or entities which creates a legal obligation to do, or not do, a particular thing. In addition to having legally binding contract terms, a legally enforceable contract must have (i) a subject / offer, (ii) consideration, and (iii) two or more… Read more »
Indulging in Federal construction contracts can be very lucrative in the federal procurement world. However, the risk of non-performance is definitely present and any federal construction contracting company must approach projects with caution. As a contractor, you should be aware that you are dealing with an extremely large client with a… Read more »
Importance of Breach of Contract Remedies in a Lawsuit As a party to a contracts lawsuit, you can seek several remedies for breach of contract and damages. Sometimes the decision to file a case, or not, could depend on potentially available solutions. Also, when filing a lawsuit your complaint has… 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. This section deals primarily with when you receive a contract termination letter from the federal government. This can be for a termination for… Read more »
Construction scope of work changes is commonplace on any federal construction project. As a general contractor, the “changes clause” allows the government or owner to make changes to the scope of work (SOW) after the contract performance period starts. Having a thorough understanding of the the contract terms and conditions can make a… Read more »
Avoid Costly Pitfalls with Your Request for Equitable Adjustment (REA) Under FAR 52.243 and REA FAR Changes Clause in Government Contracts What is the FAR Changes Clause? The FAR Changes Clause, also known as the Changes clause, is a standard clause included in U.S. federal government contracts. It is prescribed… Read more »
Contractors often face harsh consequences when filing federal government Contract Disputes Act (CDA) claims against the government. Despite getting the benefit of your work, the contracting officer (CO) will often deny your claim just because the claim itself did not meet the CDA requirements or you did not provide the… Read more »
Avoid costly legal mistakes with prime contractor subcontractor in privity of contract relationships in federal procurement. As a subcontractor to federal government procurement, you may often find yourself wondering what is the lack of privity of contract rule for government relationships with subcontractors and why the Contracting Officer, or even… 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 »