Contract Disputes

In this paper I will discuss the various aspects of a Federal Contract Specialist position and what makes it different from many other government jobs. Some people think contracting is just shopping for a living, however, it requires great skill and attention to detail. Contract Specialists must be able to communicate effectively with their customers, vendors and other contracting personnel and they must be able to accurately interpret regulations and apply them appropriately. This position is a little bit customer service representative, a little bit personal shopper and a whole lot of legal assistant.

Most time, acceptance would be made in clear and loud matters, such as saying “Yes, I accept.” But silence would constitute acceptance of an offer where the common-law and statutory law allows. Supreme Court of Nebraska has confirmed in Joseph Heiting and Sons v. Jacks Bean Co that acceptance may be established by silence or inaction of an offeree and acceptance occurs when the buyer/offeree “does any act inconsistent with the seller/offeror’s ownership...” Neb. U.C.C. section 2-606(1)(c). In Joseph Heiting and Sons v. Jacks Bean Co, 463 N.W.2d 817, 236 Neb. 765 (Neb.,1990), Heiting (Plaintiff) offered to sell its beans at the posted price on September 30, 1987, but was never informed of acceptance or rejection of the offer. Heiting and Jacks

Privatization has grown exponentially over the years as the government continues to try to find more economic ways to conduct business. Through the use of contracts, this is achieved by utilizing the lowest bidder. Should the work being done not meet the standards set forth, the contract is not renewed and the process begins again saving the government money by not having to hire Civil Servants who are then employees of the government, whom do not have a contract and are very difficult to get rid of should their work not be satisfactory.

Tech Ltd hired extra electricians and worked longer hours to complete the installation as agreed on 20th December.

Firstly, we have to distinguish whether Jack makes an invitation to tender or an invitation to treat. According to Harvela Investments Ltd v. Royal Trust Co of Canada (CI) Ltd (1986), the usual analysis is that ‘an invitation to tender for a particular project is simply an invitation to treat. ' However, in the case of Harvela Investments Ltd, the invitation to tender is treated as an offer implicating legal obligations. I believe that Jack was making an invitation to treat rather than an invitation to tender, constituting an offer, for several reasons; firstly, the terms of the invitation are vague, with no specification of time for which acceptance of the ‘most competitive tender ' will remain open till; secondly, I infer that the lack

Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also

Wally, business owner of Windy City Watches is located in downtown Chicago, IL. Business is booming and Wally needs to buy a large quantity of Rolek watches which sell for $50 apiece. He calls Randy Rolek, the wholesaler located in Milwaukee WI. They discuss terms on the phone for a while before coming to an agreement in which Wally offers to buy 100 watches for $25 each. Randy sends over an order form in which Wally states that he is agreeing to purchase watches from Randy for $25 each, but does not include the quantity in which he will buy. Randy sends 50 watches the following week with a note included stating that he has sent 50 watches and will send the other remaining 50 watches within a few days but includes the bill for the full

Additionally, it is clarified that contracts falling within the scope of the Act shall contain certain provisions allowing the contracting officer to terminate, by written notice, the contractor’s right to proceed with the work should it be found that the wages being paid by the contractor are less than the prevailing wage. Should termination be necessary, the contractor can be held liable for any excess costs incurred by the Government to gain a new contract or otherwise have the work

This review will address several issues associated with the legal, business, and ethics related with the case. First, it will address the legality of the case by reviewing the difference between a written and oral contract, and the results of recovering fees. Next, this review will analyze the business effect of the case as it relates to the monetary bottom line and Chuckrow’s attempt to protect his profits. Subsequently, it will highlight the unethical behavior of Chuckrow and its potential effects on future subcontractors’ trust in

The Truth in Negotiations Act was passed on December 1, 1962 requiring government contractors to submit cost or pricing data if the procurement met specific requirements in order to establish that the offer is fair and reasonable. The history of The Truth in Negotiations Act will set the stage for its significance in the twenty-first century. Prior to World War II, the United States government conducted its bidding process for procurement in an open bid environment. What was required for a bid was a complete description of the requirement, two or more suppliers capable and willing to complete the requirement, a selection based on price competition and sufficient time to prepare a complete statement of the government’s needs and terms.

Law 95-563, by which only contractors, not subcontractors, may pursue claims against the government, and the term “contractor” is clearly defined as “a party to a Government contract other that the Government.” 41 U.S. C. §601 (4). To make the even clearer, the FAR prohibits a government contracting officer from consenting to a subcontract that obligates the contracting officer to deal directly with a subcontractor or that makes the results of arbitration, judicial determination or voluntary settlement between the prime contractor ad subcontractor binding on the government. FAR 44.203 (b). Lack of privities and the resulting barrier to direct claims does not, however, mean that no way whatsoever exists for a subcontractor’s claim to be heard. The regulations permit and the astute government contractor will ensure that its subcontract with the federal prime contractor will provide for “sponsorship of a subcontractor’s claim. Sponsorship is the practice whereby the prime contractor nominally prosecutes what in fact is the subcontractor’s claim against the government. The appeal of the claim is brought in the name of prime contractor even though the subcontractor is the real party in interest. FAR 44.203 (c) (Government Contract Law, pp. 419-420). Performance and payment bonds are an available tool to be mandated by the government for the protection of itself and of subcontractors.

Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and

Negotiations are something that everyone experiences and does at some level. Even if informal, people negotiate and barter using what they have to offer to get what they want all of the time. However, there are times in life where the negotiations are much more serious and the stakes a lot higher. Whether official or unofficial, there are negotiation tactics and conditions that should be watched out for because they are a sign of potential problems.

Nagle, J. F., & American Bar, A. (2000). How to review a federal contract: Understanding and

The purpose of this discussion essay is to prove that there was a breach of contract, that there was tort liability involved, that there was a guest innkeeper relationship, a possible landlord tenant relationship and bailment involved.