An Introduction to the Firm
The Law Offices of Clinton D. Hubbard specializes in Government contract matters with a long background in business litigation. The firm counsels clients on all legal aspects of contracting with the Government, from Municipal to State to Federal, with a particular emphasis on U.S. Navy projects. These include solicitations, bids, competitive proposal preparation, teaming agreements, contract interpretation, bid protests, claims, constructive changes, default and convenience terminations, disputes, construction and project claims for equitable adjustments, appeals, Freedom of Information Act, labor standards, small business programs, HUBZone protests, data rights, state and federal False Claims Acts, and cost accounting.
Business litigation matters reflect the needs of our Government contracts clients and principally involve commercial and contract disputes, unfair trade practices, trade secrets, unfair competition law, and regulatory issues.
This office networks with a range of experts in all aspects of Government contracting, many of which are non-attorneys with prior employment in the agencies or with the contractors doing business with these agencies. They cover a range of fields including contracts, cost accounting, production, and procurement.
For further detail see background & cases. For informative articles, news, and example cases see articles. We look forward to serving you.
Recent Articles and Cases of Interest
Lesson: “Foreseeability” of harm is the main hurdle for a contractor under these circumstances. It is critical that the contractor develop through expert testimony a rich record of the custom and practice in the industry and the degree to which it is well-known that there are highly damaging consequences to wrongfully terminating a contractor -- i.e., an impaired bonding capacity and loss of work on other jobs. The BEGL decision offers contractors a roadmap of how to recover these special damages. It is not certain that the Supreme Court will accept this as adequate evidence of foreseeability sufficient to support special damages, but without such strong evidence the contractor has no plausible argument. . See full article.
The National Defense Authorization Act for 2008 greatly expands the ability to protest the award of task and delivery orders for both civilian and military agencies. The new authority came into effect mid-year and a key FAR regulation was revised effective September 17, 2008. This law is inapplicable to the majority of ID/IQ task order activity because of the high dollar threshold limit. But the new changes could be significant to even the smaller task order contracts in that they may establish a “best practices” standard for government procurement procedures which may be influential in many instances. Furthermore, depending on how well the new system works with the large task orders it may be introduced in the future at lower dollar thresholds. This article reviews some of the typical grounds for protest. See full article.
