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LOC Clause Applies To Each Delivery Order, Not Full Contract

Client Alert | 1 min read | 07.30.04

In Analysas Corp. (May 12, 2004), the ASBCA held that, under an indefinite quantity cost-plus-fixed-fee contract for services, the contract’s limitation of cost (“LOC”) clause (which required the contractor to give notice if its costs were expected to exceed 75% of the "estimated cost specified in the Schedule") allowed the government to deny payments to a contractor for costs it incurred in excess of the estimated cost for each delivery order, even though the contractor had not yet exceeded 75% of the maximum total labor hours specified "in the Schedule" for the full contract. The Board reasoned that the contract lacked the “critical provision” of a specific dollar figure "in the Schedule" for the total estimated contract cost, instead allowing for later addition of estimated costs for each delivery order that the government issued.

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Client Alert | 4 min read | 03.04.26

Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims

The United States Court of Appeals for the Sixth Circuit held, in an issue of first impression for that court, that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) renders an employer’s pre-dispute arbitration agreement unenforceable as to a plaintiff's entire lawsuit, whenever the lawsuit includes a viable sexual harassment claim....