The usual measure of damages for breach of a construction contract is the cost to repair the defects or finish the incomplete work. But what if the cost to repair or compete is grossly disproportionate to the value that the additional work would create? In that case, some courts will instead measure damages based on diminution…

A recent Government Accountability Office (GAO) bid protest decision highlights a recurring issue in federal procurements: Agencies often take corrective action, but reevaluation errors can still lead to a sustained protest. In N&S Property Services, LLC, GAO sustained a second protest after corrective action, finding that the agency’s evaluation was unreasonable, poorly documented, and…

A recent order from the Civilian Board of Contract Appeals in Zhang v. General Services Administration offers important guidance on the scope of discovery obligations in federal contract disputes — particularly where responsive records are held not by the respondent agency, but by a separate federal entity.

The decision merits attention for its analysis of…

A cure notice is one of the most serious warning signs a government contractor can receive. While it is not yet a termination, it is often the final step before the government moves to terminate a contract for default — an outcome that can have significant financial and reputational consequences, including potential impacts on future…

Other Transaction Authority (OTA) agreements have become one of the most important — and most misunderstood — vehicles for doing business with the federal government. Once limited to niche research programs, OTAs are now widely used across the Department of Defense and civilian agencies to accelerate acquisition of emerging technologies, prototypes, and innovative capabilities.

For…

The Spearin doctrine is alive and well in Maryland. Pursuant to that doctrine, owners who provide plans and specifications to a contractor impliedly warrant that information and may be responsible if that information is defective. Last week, a Maryland appeals court applied the century-old Spearin doctrine to affirm a trial court victory for Balfour Beatty…