Order Of Precedence Clause Gets Boost
Client Alert | less than 1 min read | 06.06.06
In Medlin Constr. Group, Ltd. v. Harvey (June 1, 2006), the Federal Circuit sided with the contractor, finding that only the contractor's interpretation did not read relevant provisions out of the contract. Of primary interest, though, was the alternative holding, in which the court held that, even if there had been an ambiguity, it would have been resolved against the government under the order of precedence clause, giving that clause seemingly greater weight than the court has previously in many "patent ambiguity" cases decided against the contractor.
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Client Alert | 14 min read | 03.13.26
AI for Government: 7 Days for Contractor Comments on GSA Proposed Contract Clause for AI Systems
On March 6, 2026, the General Services Administration (GSA) issued a significant proposed contract clause, GSAR 552.239-7001, Basic Safeguarding of Artificial Intelligence Systems (“Clause”), for inclusion in GSA Schedule solicitations and contracts for AI capabilities. The proposed clause would impose substantial new requirements related to AI sources, intellectual property rights, data use, change management, and performance standards. The Clause would also take precedence over any other contract terms (including commercial licensing terms) related to AI, including a Seller’s terms of sale and service to which the Government had previously agreed. GSA requests comments by March 20, 2026.
Client Alert | 3 min read | 03.12.26
DOJ Releases First-Ever Department-Wide Corporate Enforcement and Voluntary Self-Disclosure Policy
Client Alert | 3 min read | 03.12.26
