Release Language in Government Contract Modifications: Drafting and Negotiation Pointers, Lessons From Recent Cases
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Commercial Law
- event Date
Tuesday, August 13, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will examine recent decisions on the meaning and effect of releases affecting government contracts. The panel will discuss the importance of carefully worded release provisions and will provide tips for ensuring that releases are tailored to the unique circumstances of government contractors.
Mr. Flesch focuses his practice on government contracts-related litigation, including contract claims and disputes, bid protests, and suspension and debarment. He is widely known as a preeminent expert in government contracts litigation. Prior to joining the firm, Mr. Flesch served as the Army Chief Trial Attorney, appointed by the Judge Advocate General of the U.S. Army. In that capacity, he served as the authorized representative of the Secretary of the Army with sole authority and responsibility for the conduct and control of litigation of contract disputes for all Department of the Army cases docketed with the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims, except for appeals originating from the U.S. Army Corps of Engineers valued under $3 million. Mr. Flesch has been an adjunct faculty member at The Catholic University of America's Columbus School of Law since 2004 and has taught government contracts for the past 11 years.
Mr. Farrell practice is focused on government contracts-related matters including contract claims and disputes, bid protests, and compliance issues. Mr. Farrell previously held various positions at General Dynamics Information Technology, working in the company's GWAC Center where he assisted in managing a portfolio of federal contracts, including General Services Administration Schedules, Government-Wide Acquisition Contracts, and Agency IDIQs.
Parties to a government contract must expect the unexpected--changed conditions, timelines, terms, prices, and the like. Often, the parties address these changes through modifications to the contract. Such modifications may incorporate release provisions.
Contractors often fail to appreciate and thoroughly assess the potential significance of these release provisions, making the mistake of thinking that release language in a settlement agreement or contract modification is mere boilerplate. But not all release provisions are created equal and are usually skewed to favor one party over another.
Recent cases offer lessons about the importance of protecting contractors' interests by ensuring that any releases included in contract modifications, settlement agreements, and the like are structured in a way that defines, addresses, and preserves contractors' claims.
Listen as our expert panel explains the nature and importance of release provisions in government contracts, reviews recent cases, and provides practical, actionable guidance for drafting, negotiating, and enforcing release provisions.
- Overview of release provisions
- Case studies and examples
- Supreme Foodservice
- Enfield Enterprises
- Honeywell International
- Takeaways
- Practice tips for drafting, reviewing, and negotiating release provisions
The panel will discuss these and other key issues:
- What strategies should counsel consider when drafting and negotiating release provisions in government contracts?
- What pitfalls should counsel and contractors be alert to when reviewing release language?
- How can releases be worded to protect contractors' interests and withstand the scrutiny of a reviewing court or tribunal?
