Order Of Precedence Clause Gets Boost
Client Alert | less than 1 min read | 06.06.06
In Medlin Constr. Group, Ltd. v. Harvey (June 1, 2006), the Federal Circuit sided with the contractor, finding that only the contractor's interpretation did not read relevant provisions out of the contract. Of primary interest, though, was the alternative holding, in which the court held that, even if there had been an ambiguity, it would have been resolved against the government under the order of precedence clause, giving that clause seemingly greater weight than the court has previously in many "patent ambiguity" cases decided against the contractor.
Insights
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On September 4, 2025, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) granted an appeal challenging SBA’s determination that a service-disabled veteran did not control an entity applying for Service-Disabled Veteran-Owned Small Business (SDVOSB) status based on a minority owner’s ability to block certain actions in the matter of VSBC Appeal of: Blue Skye Foods, LLC, SBA No. VSBC-442-A.
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