Today we’ll discuss stays of award and performance during the pendency of a bid protest. There are two kinds of protest stays: pre-award stays and post-award stays. Although the former are outside the ...

With the COVID-19 pandemic causing major disruption globally, the incidence of commercial parties seeking to avoid liability for failure to perform by reliance on force majeure (FM) clauses is set to ...

Imagine a world where specific performance of contracts is no longer a cause of action because the contracts themselves automatically execute the agreement of the parties. Or where escrow agents are ...

Post-award best practices are key when it comes to contract management and contract execution. You’ll quickly realize that working with the government and supporting their projects can be more complex ...

The existence of a valid and binding written or oral contract between the parties. The plaintiff’s performance, partial performance (in some cases), or excuse for nonperformance of its contractual ...

Identify the purpose of the transaction, which dictates its structure. Determine whether the transaction: involves the provision of goods (for more information, see Sale of Goods Agreement (Pro-Buyer) ...

The “doctrine of frustration” and “force majeure” have become crucial facets of law in the time of the global pandemic, COVID-19, and have become crucial facets of contracts and accountability.