Agency Liable For Negligent Estimate In LOE Contract
Client Alert | less than 1 min read | 10.07.04
In Sanford Cohen & Assocs., Inc. (Sept. 8, 2004), the Interior BCA held the EPA liable for a negligently-prepared estimate included in a level-of-effort (LOE) contract when the EPA ordered significantly less than its estimated quantities for each performance period. Because the contractor reasonably relied on the EPA's original estimate in arriving at its offered prices, the board ordered an equitable adjustment and condemned both the "egregious" manner in which the EPA unilaterally modified the contract language to shirk liability for lesser orders and the EPA's "essential[ly] unfair[]" but routine practice of ordering substantially less than 90% of the specified LOEs in its contracts.
Insights
Client Alert | 2 min read | 01.29.26
California AG Launches “Surveillance Pricing” Investigation – Action Required
California Attorney General Rob Bonta announced an unprecedented investigative sweep into “surveillance pricing” practices by grocers, hotels, and retailers, marking the first state-level inquiry targeting personalized pricing under data privacy laws.
Client Alert | 6 min read | 01.29.26
Client Alert | 5 min read | 01.29.26
Client Alert | 6 min read | 01.29.26
Sixth Circuit Implies New Requirements for Denial-of-Coverage Communications
