A host of decisions trying to interpret a landmark U.S. Supreme Court ruling, alongside key developments on the implied duty of good faith, the allowability of claimed costs and contractor liability, headline important litigation developments for government contractors so far in 2017.
“The idea that consumers can sue contractors as third-party beneficiaries … is a radical departure from the traditional concept of a government contract being between the United States and contractors,” McCarter & English LLP government contracts and export controls practice group co-leader Franklin Turner said. “I know that’s cause for a lot of concern within industry.”