Post on 29-Jan-2016
January 11, 2006
LOST PROFITS: LOST PROFITS: Are They Are They Recoverable?Recoverable?
When A Contractor/Sub-Contractor Is Not When A Contractor/Sub-Contractor Is Not
Awarded the Contract/Sub-ContractAwarded the Contract/Sub-Contract
Presented to
The NCMA – Cape CanaveralThe NCMA – Cape Canaveral
ChapterChapter
Presented By
Gary Marcus, Esq.Gary Marcus, Esq.
66 North Village Avenue
Rockville Centre, NY 11590
(T) 516-764-2800
(F) 516-764-2827
January 11, 2006The NCMA Cape Canaveral Chapter
Lost Profits: When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract
January 11, 2006The NCMA Cape Canaveral Chapter
Lost Profits: When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract
IntroductionIntroduction
“Rethinking Lost Profits”
January 11, 2006The NCMA Cape Canaveral Chapter
Lost Profits: When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract
Protesting A Contract AwardPrime ContractSub-Contract
January 11, 2006The NCMA Cape Canaveral Chapter
Lost Profits: When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract
Protesting Award Of A Prime Contract – VenuesAgencyGAOUS Court of Federal Claims
January 11, 2006The NCMA Cape Canaveral Chapter
Lost Profits: When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract
Protesting Award Of A Prime Contract – Denial of ReliefLack of StandingLack of Subject Matter Jurisdiction
AntitrustPatent InfringementContractor Responsibility
Override of Stay – Urgent and Compelling NeedLack of Jurisdiction Over Agency
FAAPostal Authority
January 11, 2006The NCMA Cape Canaveral Chapter
Lost Profits: When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract
Protesting Award Of A Prime Contract – Relief SoughtStay of Award or Contract PerformanceCancellation of Award and Award to Protestor
Recovery of Bid CostsRecovery of Protest CostsRecovery of Attorney’s FeesRecovery of Lost Profits??
Cancellation of Award and Re-Bid
January 11, 2006The NCMA Cape Canaveral Chapter
Lost Profits: When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract
Protesting Award Of A Sub-ContractBreach of A Teaming AgreementBreach of Implied Contract
January 11, 2006The NCMA Cape Canaveral Chapter
Lost Profits: When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract
Protesting Award Of A Sub-Contract – RemediesDamages – Bid CostsInjunctive ReliefLost Profits
January 11, 2006The NCMA Cape Canaveral Chapter
Lost Profits: When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract
Lost ProfitsWinstar CasesEnergy Capital Case
January 11, 2006The NCMA Cape Canaveral Chapter
Lost Profits: When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract
Lost Profits – Elements
Foreseeability
Reasonable Certainty
Proximate Cause
January 11, 2006The NCMA Cape Canaveral Chapter
Lost Profits: When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract
SummarySummary
Adequacy of Remedies Under Current Law
Balance of the Equities
In Terrorem Effect
January 11, 2006The NCMA Cape Canaveral Chapter
Lost Profits: When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract
Questions & Answers
January 11, 2006The NCMA Cape Canaveral Chapter
Lost Profits: When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract
66 North Village Avenue
Rockville Centre, NY 11590
(T) 516-764-2800
(F) 516-764-2827
www.goldbergconnolly.com