Weakened Dollar Causes Further Rise In TAA Thresholds
Client Alert | less than 1 min read | 01.04.10
Effective January 1, 2010, the U.S. Trade Representative has revised upward the contract dollar thresholds at which the Buy American Act restriction is waived for the supply of goods and services or construction material from "designated countries" (i.e., those countries that have signed the WTO Agreement on Government Procurement ("GPA") or other free trade agreement with the U.S.) (74 Fed. Reg. 68907, Dec. 29, 2009). Because the GPA thresholds are expressed in "Special Drawing Rights," the USTR adjusts the thresholds biennially and the U.S. dollar's continued weakness has resulted in the third straight increase, to $203,000 for goods and services and $7,804,000 for construction contracts.
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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.
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