HDR farblog
Sep
10

Under a government contract, who pays for hurricane damage?

During the performance of a contract, unanticipated circumstances can arise which increase a contractor’s costs. Sometimes, the contract allocates the risk of the unexpected event as, for example, when a contract provides that the agency will bear the risk if a contractor encounters a differing site condition that increases the contractor’s costs. In other circumstances, a principle of common law establishes which party will bear the risk of an unexpected occurrence. For example, case law provides that an agency’s failure to disclose facts to a contractor can, in some circumstances, result in the agency’s bearing the risk of unanticipated performance difficulties that increase the contractor’s costs.

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Copyright

© 2019

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Jul
26

Certified claims are sometimes required when asserting affirmative defenses

The books are filled with decisions where a contractor filed a certified claim under the Contract Disputes Act (CDA), 41 U.S.C. chapter 71, for an equitable adjustment or other relief arising under or related to the contract. But is there ever a requirement for a contractor to file a certified claim in support of an affirmative defense to a government claim?

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Copyright

© 2019

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May
15

Yes, the Federal Government does have implied duty of good faith and fair dealing

In a recent decision, the U.S. Circuit Court of Appeals for the Federal Circuit has affirmed that the Federal Government does have an implied duty of good faith and fair dealing in conducting its business.

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