Court Reviews Decision to Stop Using SBA 8(a) Contract
Client Alert | less than 1 min read | 09.02.10
In K-Lak Corp. v. U.S. (Aug. 3, 2010), the Court of Federal Claims determined that it has jurisdiction to consider the claims that the Air Force had improperly decided to remove a requirement for credit reports from the 8(a) Program and instead had procured the reports through a GSA schedule in order to obtain lower prices. The court explained that, for purposes of determining its bid protest jurisdiction, the definition of "procurement" is broad and encompasses the agency's initial process of determining its needs.
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Client Alert | 4 min read | 08.13.26
Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach
English law has long treated the choice between terminating for repudiatory breach and exercising a contractual termination right as consequential. Under the Financings[1] causation principle, a party exercising a contractual right for a non-repudiatory breach could recover losses accrued to the date of termination — but nothing more. Loss of bargain was out of reach unless the breach went to the root of the contract. A practical workaround, confirmed in Lombard,[2] was to designate the relevant obligation as a condition, elevating any breach to repudiatory status, but that device carries significant strategic risk if the termination is later found to have been wrongful.
Client Alert | 7 min read | 08.12.26
Developments in Canadian Investment Treaty Practice: New FIPA Between Canada and UAE in Force
Client Alert | 6 min read | 08.11.26
Client Alert | 1 min read | 08.10.26
