CO Must Identify Extension for Final Decision with Precision
Client Alert | less than 1 min read | 05.27.14
In Suh'dutsing Techs., LLC, the ASBCA held that the contractor could appeal a "deemed denial" of its certified claim 60 days after submission of the claim, notwithstanding the contracting officer's statement that it would be "at least another sixty days . . . before I am able to issue a decision." The Board held the CO's statement was "insufficiently definite" under the Contract Disputes Act, which requires a CO to, within 60 days of receiving a certified claim over $100,000, either issue a decision or "notify the contractor of the time within which a decision will be issued."
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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
