Topic
contract performance
54 published works
Duane Morris London
RTI Ltd v MUR Shipping BV: a party required to use reasonable endeavours to mitigate a force majeure need not accept non-contractual performance
By Duane Morris
By Helen Ryan, Trainee Solicitor, Duane Morris LLP On 15 May 2024, the Supreme Court handed down judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18. The appeal…
Government Construction Law Update
Is a Contractor Always Required to Continue to Work During Disputes?
By Joseph Darr
Many construction contracts require a contractor or subcontractor to continue to work during a pending dispute between an owner and a contractor or a contractor and subcontractor. One purpose of…
Commercial Case Notes
Fraud Claim Based on Misrepresentation Regarding Contract Performance Dismissed as Duplicative of Contract Claim
By John Lundin
On April 16, 2024, the First Department issued a decision in Ho v. Star Contrs., Inc., 2024 NY Slip Op. 02014, holding that a fraud claim based on alleged misrepresentations…
Government Contracts Legal Forum
COVID Costs Claim Succeeds: Contractor Entitled to Recover for Performance of Contract Despite Base Closure
By John Nakoneczny, Tyler Piper
In StructSure Projects, Inc., ASBCA No. 62927, the Armed Services Board of Contract Appeals (Board) granted an appeal seeking recovery for increased costs resulting from the COVID-19 pandemic. The underlying task…
Dewey B Strategic
The Lost Art of the Vendor Business Review – Checklist and Survey
By Jean O'Grady
Early in my career, one of the hallmarks of customer service excellence was the prevalence of periodic “business reviews.” Business reviews are formal meetings that function as a “checkup” on…
Government Contracts & Investigations Blog
Small Changes During Contract Performance Can Take A Large Bite Out Of The Bottom Line
It is not unusual for agency personnel to request extracontractual changes during performance of a contract, many of which may seem fairly innocuous at first glance. From changing the type…
Modern contract management blog
Contract Performance Monitoring & Management
When it comes to business dealings, contracts are necessary to help establish the terms of an agreement and prevent misunderstandings down the road. But what happens when things go wrong?…
ContractsProf Blog
Teaching Assistants: Victor Goldberg on the Flexibility/Reliance Tradeoff
This is the second in a series of posts on Victor Goldberg's work. Today's post is about Chapter 2 of his book, Rethinking Contract Law and Contract Design (RCL).The introductory…
Inside Government Contracts
Accepting What You Can’t Change: ASBCA Holds that an Agency Must Accept Non-Conforming Goods After Waiting to Consider a Deviation
The FAR explains that the Government must accept or reject work as “promptly as practicable after delivery.” FAR 52.246-2(j). But what if the contractor knows its work is not compliant,…
Texas Construction Law Blog
To Perform or Not Perform, That is the Question
By Tim Fandrey
Co-author: Trenton Patterson It has been months since you have been paid and the general contractor or the owner continues to demand that you perform extra work, perform in changed…