Topic
contract performance
54 published works
Commercial Case Notes
Fraud Claim Fails for Lack of Detrimental Reliance
By John Lundin
On October 8, 2026, the First Department issued a decision in Iberdrola Energy Projects v. Oaktree Capital Mgt., L.P., 2026 NY Slip Op. 05854, holding that a fraud claim failed…
Government Contracts Featured Insights
Establishing Entitlement to Increased Performance Costs Due to Government Delays in Accelerated Contracts
Government typically has no obligation to assist the contractor in completing work before the contract completion date. Despite this lack of obligation, it is still not permissible for the government…
Dispute Resolution Blog
Blocked at Hormuz: Contractual performance during war
By Srinivas Chatti, Aishwarya Wagle, Aniket Nighojkar
Summary: This article examines the legal principles which allow for discharge of contractual performance, in the context of the ongoing war in West Asia and the blockade of the Strait…
BuildSmart
Government Contractors Working “At Risk” During a Shutdown: Key Considerations
By Aron C. Beezley, Nathaniel J. Greeson, Steven C. Herrera
When a federal government shutdown occurs, contractors often face difficult decisions about whether to continue performance on certain contracts. In some cases, contractors may feel pressure — from either operational…
Government Contracts Featured Insights
Too Close at Hand Principle in Past Performance Evaluations
Past performance evaluations play an important role in determining the strength and viability of competing offerors’ proposals. It is generally within the procuring agency’s discretion to determine the scope of…
Government Contracts Featured Insights
Claims for Increased Cost of Performance in Fixed Price Contracts
Firm-fixed-price contracts place maximum risk and full responsibility upon the contractor for all costs and resulting profit or loss incurred in performing a government contract. Fixed price contracts provide for…
The Virginia Business Litigation Blog
Anticipatory Breach and Adequate Assurance in Virginia
Parties to long-term service contracts often face considerable uncertainty when signs emerge that the other party may not follow through on its obligations. At common law, a party may bring…
Commercial Case Notes
Fraud Claim Based on an Insincere Promise to Perform a Contract Dismissed
By John Lundin
On March 18, 2025, the First Department issued a decision in Cedar Capital Mgt. Group Inc v. Lillie, 2025 NY Slip Op. 01569, holding that a fraud claim based on…
Adams on Contract Drafting
Distinguishing Between the Date of the Contract and Timing of Performance
By Ken Adams
Recently, noted swashbuckler and longtime comrade-in-arms Alex Hamilton issued me a challenge: Why not give a contract just an “effective date” without worrying about whether effective date refers to the…
Reinventing Professionals
Measuring Contract Performance and Highlighting Underperforming Terms
By Ari Kaplan
I spoke with Steve Reynolds, the Chief Strategy Officer for Emburse, a travel and expense management technology company. We discussed the release of Air Contract Audit, which analyzes and audits…