Month: June 2013

Court Questions Teaming Agreement

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06/28/2013Sterling, Michael L.

Authored by attorney Michael L. Sterling In W.J. Schafer Associates, Inc. v. Cordant, Inc., 493 S.E. 2d 514 (Va. 1997) the court held a teaming agreement was unenforceable on the ground that “agreements to agree in the future” are “too vague and too indefinite to be enforced.” However, the case provided a “road map” of… Read more »

Teaming Agreements: Anything more than just an agreement to try and agree?

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06/16/2013Lowenstein, Neil S.

Teaming agreements are often used in the bidding or proposal process for construction or service contracts. Two or more companies “team” together to try and take advantage of their individual strengths to better their chances at receiving an award. They are particularly prevalent for Federal procurements. Typically they include terms for how the team is… Read more »

Carnell: VPPA Statutory Cap Sets Ceiling for Change Order Recovery

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06/11/2013Lowenstein, Neil S.

Carnell is a Western District of Virginia case that addressed the application of the Virginia Public Procurement’s 25% cap for change orders. Specifically, Virginia Code Sec. 2.2-4309(A) states that no fixed-price contract may be increased by more than 25% of the amount of the contract, or $50,000, whichever is greater, without the advance written approval… Read more »

The Surveillance Chronicles, II

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06/11/2013Vandeventer Black

Here’s another gem for you. A postal worker was receiving workers’ compensation benefits – and has now been convicted of criminal fraud. The claimant was spotted on the television show The Price is Right, waving her arms and even spinning the ‘big wheel’ – twice! Social media – and even regular old television it seems – can be… Read more »