Author: Flayo O. Kirk
Publisher:
ISBN:
Category : Breach of contract
Languages : en
Pages : 135
Book Description
Long established common law precedent, the implied promise of one party not to obstruct the other, is the basis for the Government's duty to cooperate with the contractor and not to hinder it during contract performance. Breach of this obligation commonly results in recovery of an equitable adjustment by the contractor under either a constructive change or constructive suspension theory. However, determining whether there has been a breach can be difficult as each case must be decided on its facts, the magnitude of Government fault required before allowing recovery is uncertain, and the broad scope of the implied promise complicates application of other traditional recovery theories. In its working relationship with the contractor the Government must avoid a destructive breakdown while still ensuring that it obtains its contractual entitlements. Although cooperation is especially critical in large and complex contracts, the Government is not required to make the work easier and has no duty to supervise a contractor's performance. Neither is it required to assist a contractor's early completion. However, the Government may not knowingly ignore contractor deviations during contract performance, hinder a contractor's early completion, or unduly pressure a contractor to complete performance. A contractor is also responsible for its own finances, although special considerations may apply for small businesses in the above areas. (sdw).
Duty to Cooperate and Not Hinder
Author: Flayo O. Kirk
Publisher:
ISBN:
Category : Breach of contract
Languages : en
Pages : 135
Book Description
Long established common law precedent, the implied promise of one party not to obstruct the other, is the basis for the Government's duty to cooperate with the contractor and not to hinder it during contract performance. Breach of this obligation commonly results in recovery of an equitable adjustment by the contractor under either a constructive change or constructive suspension theory. However, determining whether there has been a breach can be difficult as each case must be decided on its facts, the magnitude of Government fault required before allowing recovery is uncertain, and the broad scope of the implied promise complicates application of other traditional recovery theories. In its working relationship with the contractor the Government must avoid a destructive breakdown while still ensuring that it obtains its contractual entitlements. Although cooperation is especially critical in large and complex contracts, the Government is not required to make the work easier and has no duty to supervise a contractor's performance. Neither is it required to assist a contractor's early completion. However, the Government may not knowingly ignore contractor deviations during contract performance, hinder a contractor's early completion, or unduly pressure a contractor to complete performance. A contractor is also responsible for its own finances, although special considerations may apply for small businesses in the above areas. (sdw).
Publisher:
ISBN:
Category : Breach of contract
Languages : en
Pages : 135
Book Description
Long established common law precedent, the implied promise of one party not to obstruct the other, is the basis for the Government's duty to cooperate with the contractor and not to hinder it during contract performance. Breach of this obligation commonly results in recovery of an equitable adjustment by the contractor under either a constructive change or constructive suspension theory. However, determining whether there has been a breach can be difficult as each case must be decided on its facts, the magnitude of Government fault required before allowing recovery is uncertain, and the broad scope of the implied promise complicates application of other traditional recovery theories. In its working relationship with the contractor the Government must avoid a destructive breakdown while still ensuring that it obtains its contractual entitlements. Although cooperation is especially critical in large and complex contracts, the Government is not required to make the work easier and has no duty to supervise a contractor's performance. Neither is it required to assist a contractor's early completion. However, the Government may not knowingly ignore contractor deviations during contract performance, hinder a contractor's early completion, or unduly pressure a contractor to complete performance. A contractor is also responsible for its own finances, although special considerations may apply for small businesses in the above areas. (sdw).
The Implied Duties of Cooperation and to Not Hinder Or Interfere with Contract Performance in Government Contracts
Author: Garreth Elliot Shaw
Publisher:
ISBN:
Category : Performance (Law)
Languages : en
Pages : 200
Book Description
Publisher:
ISBN:
Category : Performance (Law)
Languages : en
Pages : 200
Book Description
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Principles, Definitions and Model Rules of European Private Law
Author: Study Group on a European Civil Code
Publisher: sellier. european law publ.
ISBN: 3866530595
Category : Civil law
Languages : en
Pages : 406
Book Description
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Publisher: sellier. european law publ.
ISBN: 3866530595
Category : Civil law
Languages : en
Pages : 406
Book Description
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
United States Attorneys' Manual
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages :
Book Description
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages :
Book Description
The Air Force Law Review
Author:
Publisher:
ISBN:
Category : Air Force law
Languages : en
Pages : 252
Book Description
Publisher:
ISBN:
Category : Air Force law
Languages : en
Pages : 252
Book Description
Bruner and O'Connor on Construction Law
Author: Philip L. Bruner
Publisher:
ISBN:
Category : Construction contracts
Languages : en
Pages : 1070
Book Description
Publisher:
ISBN:
Category : Construction contracts
Languages : en
Pages : 1070
Book Description
Board of Contract Appeals Decisions
Author: United States. Armed Services Board of Contract Appeals
Publisher:
ISBN:
Category : Defense contracts
Languages : en
Pages : 1752
Book Description
The full texts of Armed Services and othr Boards of Contract Appeals decisions on contracts appeals.
Publisher:
ISBN:
Category : Defense contracts
Languages : en
Pages : 1752
Book Description
The full texts of Armed Services and othr Boards of Contract Appeals decisions on contracts appeals.
Powell-Smith and Furmston's Building Contract Casebook
Author: Michael Furmston
Publisher: John Wiley & Sons
ISBN: 1405171685
Category : Law
Languages : en
Pages : 576
Book Description
This well established reference book brings together leading cases on building contracts to illustrate legal principles. It provides a statement of the principle established, a summary of the facts and the decision and, for most cases, a verbatim extract of the judgment. The latest edition includes a number of new cases since the last edition was published in 1999.
Publisher: John Wiley & Sons
ISBN: 1405171685
Category : Law
Languages : en
Pages : 576
Book Description
This well established reference book brings together leading cases on building contracts to illustrate legal principles. It provides a statement of the principle established, a summary of the facts and the decision and, for most cases, a verbatim extract of the judgment. The latest edition includes a number of new cases since the last edition was published in 1999.
Philosophical Foundations of Contract Law
Author: Gregory Klass
Publisher: OUP Oxford
ISBN: 019102208X
Category : Law
Languages : en
Pages : 417
Book Description
In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.
Publisher: OUP Oxford
ISBN: 019102208X
Category : Law
Languages : en
Pages : 417
Book Description
In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.