In Is the Pendulum Swinging on Agency and Government Contractor Cooperation?, Pillsbury attorneys Mike Rizzo, Glenn Sweatt and Kevin Massoudi discuss comments from the Department of Defense as well as recent good faith and fair dealing court decisions that point to and encourage improved contractor/government relationships. Their key takeaways include
- Government officials are actively encouraging collaboration with, and less antagonism of, industry contractors.
- Recent Boards and Court of Federal Claims construction decisions suggest a growing trend of awarding damages to contractors when the government breaches the duty of good faith and fair dealing.
- Contractors seeking to take advantage of these trends should explore formal partnering with their government clients to reduce future claims and early alternative dispute resolution options to resolve existing disputes.