Data Rights: Protecting Technical Data Under Government Contracts

Federal government contracts, particularly defense contracts, frequently require contractors to deliver technical data and computer software. The government's rights to use, modify, and disclose this data depend critically on how contractors mark delivered materials. Improper or missing markings can result in the government obtaining broader rights than intended, potentially compromising contractors' proprietary...
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Essential Pre-Bid Steps in Government Construction Contracting

Success in government construction contracting depends on thorough pre-bid preparation. Whether the project involves public infrastructure, military facilities, or other federal construction, mastering early communications, site visits, and preparation timelines is essential to avoid pitfalls and ensure regulatory compliance. At Pannier Law, P.C., we assist contractors in this demanding process to maximize...
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Understanding What Drives Change Orders and Claims in Government Contracts

Government contracts involve detailed specifications, demanding schedules, and multiple stakeholders. Despite thorough planning, changes to the original contract scope regularly lead to requests for equitable adjustment, claims, and disputes. These often arise from circumstances that disrupt project flow, increase costs, or alter expectations. Understanding the root causes of change orders and claims...
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Mastering Change Orders in Government Contracts

Change orders are an inevitable reality in government contracting. Whether arising from unforeseen site conditions, design revisions, or evolving requirements, these modifications can significantly impact project outcomes, schedules, and profitability. Effective change order management requires disciplined documentation, strategic pricing, and collaborative negotiation. At Pannier Law, P.C., we help contractors navigate these complexities...
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Navigating Cost Recovery After a Termination for Convenience in Federal Contracts (with Checklist)

Federal contracts often include provisions allowing the government to terminate agreements for its own convenience, a mechanism designed to provide flexibility in response to changing needs or priorities. While this can disrupt operations for contractors, the Federal Acquisition Regulation offers a structured path for recovering costs and achieving fair compensation. Following this...
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In Depth: Demonstrating Past Performance When Your Business Is New or Lacks a Performance History

When bidding on federal contracts, one of the key factors agencies evaluate is an offeror's past performance. But what happens if your business is new or lacks a performance history? Can you rely on the experience of predecessor companies, key personnel, or subcontractors? Understanding how these evaluations work and what the rules...
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Liquidated Damages Clauses: Risks and Remedies in Government Construction

Government construction contracts may impose significant financial consequences for late completion through liquidated damages clauses. These provisions establish predetermined damages that can substantially impact a contractor's profitability and financial stability. At Pannier Law, P.C., we help contractors understand these clauses, anticipate their application, and employ effective strategies to challenge or mitigate their...
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The Strategic Importance of Pursuing Change Orders in Government Contracts

In government contracting, change orders represent essential mechanisms for ensuring fair compensation and project success. A contractor's right to recover increased costs stemming from valid changes is established in contract terms, particularly under the Federal Acquisition Regulation. Yet some contractors hesitate to assert these rights, hoping to foster goodwill with government agencies...
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Understanding Contract Interpretation in Government Contracts

Federal contracting requires contractors to master a specialized body of interpretive principles that can determine the success or failure of a project. When disputes arise over contractual language – whether in technology services, defense procurement, or construction – the ability to understand how courts and boards will interpret that language becomes critical....
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Understanding “All-Risk” Insurance Clauses in Federal Shipbuilding Contracts: Insights from Bath Iron Works v. Navy

Government contractors working on complex shipbuilding projects must carefully navigate insurance clauses that allocate risk between the contractor and the government. The Bath Iron Works case provides important guidance on how boards and courts interpret the "all-risk" insurance provisions commonly found in federal shipbuilding contracts, particularly when determining whether damage stems from...
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Due Diligence in Government Contractor Mergers and Acquisitions: A Comprehensive Guide

Mergers and acquisitions (M&A) involving government contractors require meticulous due diligence to navigate the complex landscape of federal regulations, contract obligations, and potential liabilities. Unlike standard commercial transactions, government contractor M&A demands a specialized approach to evaluate risks, ensure compliance, and secure post-transaction success. This guide outlines key considerations for conducting effective...
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Insights: Prime Contractor Obligations in Sponsoring Subcontractor Pass-Through Claims

At Pannier Law, P.C., we are dedicated to guiding contractors through the intricacies of federal government contracting. With decades of experience representing primes and subcontractors in disputes under the Contract Disputes Act (CDA), we often advise clients on the nuanced requirements for sponsoring subcontractor claims, commonly known as pass-through claims. Drawing from...
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