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A Brief Note on the Government’s Duty of Good Faith and Fair Dealing: An In-House Counsel Update.

by David Newsome, Senior Legal Counsel, KBR | Mar 3, 2014 | Government Contracts Education, Uncategorized

In their capacity as Jack-of-All-Trades, in-house counsel for federal government contractors (as well as government counsel and private practitioners) must be cognizant of the recent movements in the court system regarding the government’s implied duty of good faith...

A Brief Note on the Forum Selection Clause: It Is What It Is – At Least In Federal Courts

by David Newsome, Senior Legal Counsel, KBR | Dec 24, 2013 | Government Contracts Education, Subcontracts

While the choice of forum in contract disputes between the government and its prime subcontractor is relatively straight forward under the Contract Disputes Act (either one of the Boards of Contract Appeals or the Court of Federal Claims), such clarity is lacking in...

Adding Value to the Company: Moving to Dismiss Claims Under the Contract Disputes Act for Statute of Limitation Violations

by David Newsome, Senior Legal Counsel, KBR | Jul 9, 2013 | Audits & DCAA

To say that there is a crisis surrounding the closing of government contracts, especially large cost-type contracts held by large government contractors, would certainly not be an understatement. [i]  Closing a contract essentially requires verification that the goods...

A Brief Note on the Pay-If-Paid Clause: An Occasional Thorn to US Government Construction Subcontractors

by David Newsome, Senior Legal Counsel, KBR | May 1, 2013 | Subcontracts

Subcontractors bidding US government construction projects often find themselves subject to both mandatory and non-mandatory FAR clauses and provisions flowed-down from the prime contractor’s RFP, as well as the prime’s particular special terms and conditions –...

FAR 52.236-1, Performance of Work by the Contractor (A Hard Clause for OCONUS Construction Contractors)

by David Newsome, Senior Legal Counsel, KBR | Mar 15, 2013 | The Clause Column

The US government, and in particular the DoD, has spent, and will continue to spend, millions of dollars on OCONUS construction projects.  Contracts have been awarded for building complete compounds in Djibouti, Africa, troop barracks in Afghanistan, and runways in...
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This blog does not provide any legal advice regarding any particular transaction.

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