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Bad Estimates Support Constructive Change Without Proof of Government Negligence

Client Alert | less than 1 min read | 07.10.13

In IAP World Servs., Inc. v. Dep't of Treasury (June 20, 2013), the Civilian Board of Contract Appeals held the government liable when a maintenance contractor's service calls took longer to perform than calls in historical data furnished to prospective offerors and the government had said the historical data were a "reasonable basis" for firm-fixed-price proposals. Finding that the contractor had relied on the faulty data to price its proposal and that the contractor need not prove government negligence, the CBCA decided that the longer service calls were a constructive change to the contract and awarded the contractor its increased costs of performance.


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Client Alert | 6 min read | 07.09.26

EU Steel Overcapacity Regulation: New Permanent Measure in Force from 1 July 2026

The EU’s steel safeguard under Implementing Regulation (EU) 2019/159 expired on 30 June 2026 and has been replaced by a new permanent instrument — the EU Steel Overcapacity Regulation (Regulation (EU) 2026/1384) (the Regulation”). It imposes tariff-rate quotas and an out-of-quota duty, similarly to the steel safeguard measures that expired. The out-of-quota duty has been raised from 25% to 50% to minimize the risk of trade diversion. The Regulation reduces duty-free imports of 26 categories of steel products into the EU by an average of 47% compared with the quotas under the until recently applicable safeguard measures....

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