Paul Levin

While a subcontractor claim against the government was initially submitted in the sub’s own name, there was adequate evidence the government was aware at all times this was a pass-through claim sponsored by the prime contractor. The certification was a curable defect.

The US Court of Appeals for the Federal Circuit ruled that a tardy contractor repudiated its contractual obligation when it responded to a government "cure notice" with a proposed completion date later than the contractual deadline. The government was entitled to terminate the contract for default.

A default termination was justified when a tardy contractor responded to a government cure notice with a request for an extension of the contract completion deadline. This was a repudiation of the contractor’s contractual obligations. There had been no excusable delay.

A Massachusetts appellate court has said that filed sub-bids for trade work on public projects must be based on sections of the contract specifications. Those specifications may reference drawings that require additional out-of-trade work.

A company head unwittingly put himself in personal financial jeopardy by signing a signature block that referred to him “individually.” The rest of the agreement consistently referred to the contracting party as an LLC.