Limitation of Funds Clause Puts Bite in Termination Recovery
Client Alert | less than 1 min read | 12.30.13
In The Boeing Co. (Dec. 3, 2013), the Armed Services Board of Contract Appeals served a reminder of the risks Limitation of Funds (LOF) clauses pose for contractors, who normally must assure that funding on their contracts will be adequate not only for work underway but also for recovery of prime and subcontract costs in the event of a termination for convenience. The Board refused to allow recovery of costs incurred in excess of the funded amounts, holding that, if the contractor incurred costs in excess of the allotted funding, "it was a volunteer and did so for its own account."
Insights
Client Alert | 3 min read | 05.13.25
DOL Issues Revised Independent Contractor Misclassification Guidance
The classification of “independent contractors versus employees” – a political football that has undergone many iterations as the White House switched between political parties – has again changed hands. The U.S. Department of Labor (“DOL”) has now introduced new guidance, consistent with earlier Republican iterations, while rejecting the 2024 Democratic formulation. It remains to be seen whether the courts will give DOL much deference in this area.
Client Alert | 11 min read | 05.13.25
The Belgian Competition Authority Steps Up Its Merger Control and Cartel Enforcement Activities
Client Alert | 2 min read | 05.12.25
“Confirm You’re Not a Robot”: AI-Written Briefs Could Lead to Sanctions
Client Alert | 3 min read | 05.12.25
EU Retaliatory Trade Measures Against the U.S. – Public Consultation
