"Yardstick" Measures Failure to Progress in A-12 Default Termination
Client Alert | 1 min read | 05.11.07
In the latest opinion in the 16-year A-12 litigation, McDonnell Douglas Corp. v. United States, No. 91-1204C (Fed. Cl. May 3, 2007) the Court of Federal Claims, on remand from the Federal Circuit, upheld default termination of the fixed-price research and development contract based upon a failure to make progress -- even though the full contract "had no completion date at [the time of] termination." With no completion date for the full contract, the Court instead used a "yardstick" to measure the contractors' progress, holding that (1) the Court could use a series of interim deadlines for the production of prototype aircraft to define both the "performance required" and the "time remaining for performance"; and (2) at the time of termination, there was sufficient information available for the contracting officer to have concluded there was no reasonable likelihood of delivery under those deadlines (even if the contracting officer did not, in the event, make the default termination decision based upon that "available" information).
Contacts
Insights
Client Alert | 13 min read | 06.12.26
The EU Cyber Resilience Act (CRA) is an EU product cybersecurity law for connected products (formally, “products with digital elements” under the CRA) commercialized in the EU; it entered into force on 10 December 2024, with direct application across the EU. Full application begins 11 December 2027, but one of its most operationally demanding provisions takes effect in just under 100 days, on 11 September 2026: the mandatory vulnerability and incident reporting under Article 14 CRA.
Client Alert | 6 min read | 06.11.26
CMS Announces New Medicaid Eligibility Requirements: Implications for Managed Care Plans
Client Alert | 7 min read | 06.11.26
Qatar Rewrites the Playbook: What the New Public M&A Rules Mean for Market Participants
Client Alert | 2 min read | 06.11.26
Synthetic Performers, Real Consequences: Implications of Trailblazing New York AI Ad Law

