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Release Language in Government Contract Modifications: Drafting and Negotiation Pointers, Lessons From Recent Cases

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, August 13, 2024

Recorded event now available

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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.

Description

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.

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Outline

  1. Overview of release provisions
  2. Case studies and examples
    1. Supreme Foodservice
    2. Enfield Enterprises
    3. Honeywell International
    4. Takeaways
  3. Practice tips for drafting, reviewing, and negotiating release provisions

Benefits

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?

Faculty

Farrell, Connor
Connor W. Farrell

Attorney
Miller & Chevalier

Mr. Farrell practice is focused on government contracts-related matters including contract claims and disputes, bid...  |  Read More

Flesch, Scott
Scott N. Flesch

Member
Miller & Chevalier

Mr. Flesch focuses his practice on government contracts-related litigation, including contract claims and...  |  Read More

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