Va. Decision Casts Doubt On Contractor Teaming Plans

Washington, D.C.-based associate, Tiffany Wynn, spoke with Law360 regarding a recent decision in Virginia's federal court could alter the way companies team up to win federal contracts, by invalidating preaward subcontracting agreements as unenforceable "agreements to agree" in the future. Wynn believes that basing agreements on other state laws, or litigating them in other jurisdictions that may be more forgiving about allowing the consideration of extrinsic evidence, could allow subcontractors to avoid being cut out of a planned team. "Moving forward, contractors need to be really careful about looking at the choice of law and choice of forum," Wynn said.