Affirmative Defenses to Breach of Contract Claims

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? Legal Binding Contract Terms and Definition

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 »

Federal Government Construction Contracts

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 »

Breach of Contract Remedies

 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 »

Breach of Contract Termination Letter

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 »

Federal Scope of Work Construction Changes

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 »

Contract Disputes Act of 1978 and Claims Against the Government

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 »

In Privity of Contract in Government Procurement

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 »