Prime Pulls Rug Out From Under Subcontractor Appeal
Client Alert | 1 min read | 09.08.14
The ASBCA's dismissal of an appeal in Binghamton Simulator Co. provides a stark reminder that subcontractors generally do not have privity of contract with the government and therefore cannot appeal contracting officer final decisions – even those that directly affect the sub's rights – unless that appeal is in the name of the prime and with the prime's consent and cooperation. The substantive dispute in this appeal related to the extent of government rights in software provided by Binghamton, and Binghamton had a provision in its subcontract that may have required the prime to sponsor the appeal, but the ASBCA held these were irrelevant because the prime refused to confirm its sponsorship of the appeal to the Board.
Insights
Client Alert | 4 min read | 04.03.25
Unfair Clauses in B2C and B2B Contracts: Be Aware of Different Sanctions
In recent years, there has been a wave of new legislation impacting contracts and contractual terms. The Belgian legislator is gradually adopting the different Books of our new Belgian Civil Code. Last February, a new proposal for Book VII on special contracts, including sale and loan agreements was submitted. Additionally, the Belgian Code of Economic Law has been updated several times, impacting the drafting of contracts and of contractual terms, not only between companies but also with consumers.
Client Alert | 4 min read | 04.02.25
Preparing for Multidistrict Litigation: Lessons for the Defense Toolkit
Client Alert | 3 min read | 04.01.25
D.C. Circuit Rejects Copyrightability of Artwork Created Autonomously by AI
Client Alert | 2 min read | 04.01.25