A Brief Note on the Government’s Duty of Good Faith and Fair Dealing: An In-House Counsel Update.

In their capacity as Jack-of-All-Trades, in-house counsel for federal government contractors (as well as government counsel and private practitioners) must be cognizant of the recent movements in the court system regarding the government’s implied duty of good faith and fair dealing. Such is necessary for in-house to properly advise contract capture teams, contract managers, and project operators on how the current standard impacts the contractual and legal risks of pending pursuits and ongoing projects, as well as how the standard impacts any requests for equitable adjustments (REA) and claims based thereon. This note will explore recent case law in this area and offer in-house counsel a few takeaways. Two of the primary responsibilities of in-house counsel of federal government contractors are to review solicitations for … Continue reading