Litigation Strategies for Government Contract Cases

This 23-page research report written for government contract attorneys and their clients features strategies for defending government contracts. Using a step-by-step process to describe the actions that should be taken after a dispute arises, this Executive Report serves as a thorough guide for navigating the complex terrain of government contracts. From the first initial summary review after learning about a potential case and determining if it is defensible to an evaluation of whether a company should settle or go to trail, the attorney's duty to find the most acceptable compromise for the client and keep the client informed of costs and the likelihood of success is clearly demonstrated. Top government contract attorneys explore the unique clauses found in the rules and regulations of government contracts that every company should be aware of before contracting with the government and the pros and cons of the different forums a company can choose from when these clauses lead to a dispute. This Executive Report explains how government contract disputes are decided, what is crucial in constructing a defense strategy, and how quick responses and due diligence by an attorney after an issue first arises could result in the prevention of a case from ever being filed.

Other topics include:

• financial exposure
• frivolous claims
• timing of cases
• alternative dispute resolution procedures
• termination for convenience clause and termination for default
• sovereign immunity
• the Contract Disputes Act, False Claims Act, and Anti-Kickback Act; the statute of limitations of administrative tribunals; the role of the Armed Services Board of Contract Appeals and the Court of Federal Claims
• bid protests
• the differences between government contracts and commercial contracts
• the role of a contracting officer; how government contract dispute cases arise
• the characteristics of cases that often go to trial

This Executive Report is written by:

• Marshall J. Doke Jr., Partner, Gardere Wynne Sewell LLP - Defending Against Government Contracts Litigation
• Daniel J. Kelly, Partner, Gadsby Hannah LLP - A Focus on How Contract Disputes with the Federal Government Are Litigated
• Joseph D. West, Co-Chair, Government & Commercial Contracts, Gibson, Dunn & Crutcher LLP - Defending Government Litigation Cases
• Michael R. Charness, Partner, Vinson & Elkins LLP - Litigating Government Contract Disputes
• Timothy F. Noelker, Chair, Govenrment Contracts, Thompson Coburn LLP - Bid Protest Disputes

About Executive Reports:

Executive Reports offer focused, hard-hitting advice from the leaders of some of America's top companies, packaged in a concise, readable format. Each research report provides readers with 3 to 5 strategies that will have a direct financial impact on their business. While not meant as a comprehensive guide, each report includes quick-hit items that can immediately impact specific business strategies. Executive authors drill down to the central issues surrounding each topic area and dispense expert advice in concise, direct language. Executive Reports feature leading professionals selected by the Aspatore Editorial Board based on their experience, research, and standing within the professional community.