Novating a contract that involves a federal government contract can be painless so long as buyers and sellers of businesses understand how the process works. In addition, before committing to a future sale or purchase of a business, understand the difference between an assignment vs novation. All should be aware… Read more »
Are you a large business or small business government contractor struggling to navigate the complexities of flow down clauses to subcontractors? Are you worried about legal trouble, including criminal charges, if you don’t understand how Christian Doctrine contracting applies? Our legal services are here to assist you in understanding all… Read more »
Avoid Legal Landmines When Asserting that the Government Breached of Duty of Good Faith and Fair Dealing When Submitting Government Contract Claims. Government contractors often struggle with the next steps when the agency does act fairly in providing accurate CPARS ratings. In addition, some contractors are not fully aware of… Read more »
Many government contractors often try but fail to successfully argue on appeal that the Government agency acted in an arbitrary and capricious manner when evaluating and deciding which company gets the contract award. When litigating a bid protest, it is critical to first understand what the arbitrary and capricious definition is… Read more »
Many contractors have questions about a bid bond guarantee and SBA surety bonds and if their rejected bids can be protested on these grounds. Many government contracts require some form of a surety guarantee or bond. If your proposal does not comply with the solicitation requirement for a bid guarantee,… Read more »
Can I Appear Pro Se in Government Contracts Litigation? Rather than hiring a government contracts attorney, some company owners attempt to file their own dispute against the federal government. This is called appearing pro se – choosing to advocate on your own behalf than being represented by a lawyer. Choosing to appear… Read more »
Theodore P. Watson, Government Contracts Attorney. Termination for default cases on appeal often fails. The general reason for such a failure rate is because of your response to a show cause notice in government contracting. Another reason is that your response to FAR cure notice or some version of a letter… Read more »
When filing claims against the government, under the theory of equitable subrogation, there are some tricky rules of law in place. For example, in a recent Court of Federal Claims case, Fidelity and Guaranty Insurance Underwriters, et al. v. United States, No. 14-84 C (Nov. 19, 2014), the court ruled that under… Read more »
Analyzing what is a voidable contract is sometimes confusing even sophisticated parties. For example, many recent construction cases involved instances where the contract between the contractor and the government was held by the ASBCA to be a voidable contract given various mistakes made by the contractor. It is important for… Read more »
A board of contract appeal has the authority to impose sanctions, including government sanctions, on parties for unacceptable behavior. While boards do not have the authority to impose monetary sanctions, federal courts, such as the Court of Federal Claims, can. When a board imposes either contractor or government sanctions, the sanction… Read more »