January 11, 2006 LOST PROFITS: Are They Recoverable? When A Contractor/Sub-Contractor Is Not Awarded...

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January 11, 2006 LOST PROFITS: LOST PROFITS: Are They Are They Recoverable? Recoverable? When A Contractor/Sub-Contractor Is When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub- Not Awarded the Contract/Sub- Contract Contract Presented to The NCMA – Cape Canaveral The NCMA – Cape Canaveral Chapter Chapter Presented By Gary Marcus, Esq. Gary Marcus, Esq. 66 North Village Avenue Rockville Centre, NY 11590 (T) 516-764-2800 (F) 516-764-2827

Transcript of January 11, 2006 LOST PROFITS: Are They Recoverable? When A Contractor/Sub-Contractor Is Not Awarded...

Page 1: January 11, 2006 LOST PROFITS: Are They Recoverable? When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract Presented to The NCMA –

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

Page 2: January 11, 2006 LOST PROFITS: Are They Recoverable? When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract Presented to The NCMA –

January 11, 2006The NCMA Cape Canaveral Chapter

Lost Profits: When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract

Page 3: January 11, 2006 LOST PROFITS: Are They Recoverable? When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract Presented to The NCMA –

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”

Page 4: January 11, 2006 LOST PROFITS: Are They Recoverable? When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract Presented to The NCMA –

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

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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

Page 6: January 11, 2006 LOST PROFITS: Are They Recoverable? When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract Presented to The NCMA –

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

Page 7: January 11, 2006 LOST PROFITS: Are They Recoverable? When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract Presented to The NCMA –

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

Page 8: January 11, 2006 LOST PROFITS: Are They Recoverable? When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract Presented to The NCMA –

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

Page 9: January 11, 2006 LOST PROFITS: Are They Recoverable? When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract Presented to The NCMA –

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

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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

Page 11: January 11, 2006 LOST PROFITS: Are They Recoverable? When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract Presented to The NCMA –

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

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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

Page 13: January 11, 2006 LOST PROFITS: Are They Recoverable? When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract Presented to The NCMA –

January 11, 2006The NCMA Cape Canaveral Chapter

Lost Profits: When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract

Questions & Answers

Page 14: January 11, 2006 LOST PROFITS: Are They Recoverable? When A Contractor/Sub-Contractor Is Not Awarded the Contract/Sub-Contract Presented to The NCMA –

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


PROPOSAL SUB CONTRACTOR AND SUPPLY MANPOWERS

PROPOSAL SUB CONTRACTOR AND SUPPLY MANPOWERS

SUPPLIER/SUB-CONTRACTOR QUALITY CODES (PURCHASE …

SUPPLIER/SUB-CONTRACTOR QUALITY CODES (PURCHASE …

KM C364e-20180824121058 · 2018-08-24 · 3) SUB-CONTRACTED WORK The Contractor shall not sub-contract the whole of the contract. In case the Contractor decides to subcontract part

KM C364e-20180824121058 · 2018-08-24 · 3) SUB-CONTRACTED WORK The Contractor shall not sub-contract the whole of the contract. In case the Contractor decides to subcontract part

assets.crowncommercial.gov.uk€¦  · Web viewrequiring the Sub-Contractor to include in any Sub-Contract which it in turn awards suitable provisions to impose, as between the parties

assets.crowncommercial.gov.uk€¦  · Web viewrequiring the Sub-Contractor to include in any Sub-Contract which it in turn awards suitable provisions to impose, as between the parties

Conditions of contract – quotation - goods  · Web view2019-10-31 · Should the Contractor desire to sub-contract any part or parts of the Contract he shall submit to the Principal

Conditions of contract – quotation - goods  · Web view2019-10-31 · Should the Contractor desire to sub-contract any part or parts of the Contract he shall submit to the Principal

1 CONTRACT APPROVAL FORM CONTRACT CONTRACTOR … (Contract Management Use only) 1 CONTRACT APPROVAL FORM CONTRACT 1 TRACKING NO. I CONTRACTOR INFORMATION CM1515 Name: Cop~Fax (Building

1 CONTRACT APPROVAL FORM CONTRACT CONTRACTOR … (Contract Management Use only) 1 CONTRACT APPROVAL FORM CONTRACT 1 TRACKING NO. I CONTRACTOR INFORMATION CM1515 Name: Cop~Fax (Building

ACCEPTANCE BY CONTRACTOR BY ACCEPTING THIS CONTRACT … · contract or other material containing information) relating to this Contract or otherwise relating to the Contractor, which

ACCEPTANCE BY CONTRACTOR BY ACCEPTING THIS CONTRACT … · contract or other material containing information) relating to this Contract or otherwise relating to the Contractor, which

Conditions of Contract – Quotation – Goods Period Contract  · Web view2019-05-24 · The Contractor or its employees, agents, directors, partners, shareholders, sub-contractors

Conditions of Contract – Quotation – Goods Period Contract  · Web view2019-05-24 · The Contractor or its employees, agents, directors, partners, shareholders, sub-contractors

Sub-Contract Procurement Trade Preambles...2020/02/13  · Sub-Contract Procurement Trade Preambles – Brickwork/Blockwork 02.13.20 - Sub-Contract Procurement – Trade Preambles

Sub-Contract Procurement Trade Preambles...2020/02/13  · Sub-Contract Procurement Trade Preambles – Brickwork/Blockwork 02.13.20 - Sub-Contract Procurement – Trade Preambles

AGREEMENT AND CONDITIONS OF SUB-CONTRACT (DOMESTIC) … · 2019-12-10 · Sub-Contractor has included in the In itial Sub-Contract Sum allowances for all risks, customs, policies,

AGREEMENT AND CONDITIONS OF SUB-CONTRACT (DOMESTIC) … · 2019-12-10 · Sub-Contractor has included in the In itial Sub-Contract Sum allowances for all risks, customs, policies,

Table of Contents FY... · Web view: A sub-recipient (including a sub-contractor and or sub-grantee) is a non-Federal entity that expends Federal awards (contract or grant) received

Table of Contents FY... · Web view: A sub-recipient (including a sub-contractor and or sub-grantee) is a non-Federal entity that expends Federal awards (contract or grant) received

UFGS 23 08 01.00 20 Testing Industrial Ventilation Systems 23 08 01.00 20.pdf · Contractor and the mechanical Sub-contractor except by the affiliation established by this contract.

UFGS 23 08 01.00 20 Testing Industrial Ventilation Systems 23 08 01.00 20.pdf · Contractor and the mechanical Sub-contractor except by the affiliation established by this contract.

OFFER UNDER SEAL - OCA D... · Web viewEstimated monetary value of the sub-contract $ Sub-contractor 2: Name Address A.C.N A.B.N Goods/services to be provided by sub-component Past

OFFER UNDER SEAL - OCA D... · Web viewEstimated monetary value of the sub-contract $ Sub-contractor 2: Name Address A.C.N A.B.N Goods/services to be provided by sub-component Past

sub engineer contract instructions

sub engineer contract instructions

Labor Standards Handbook - New Jersey€¦  · Web viewThe word “employer” as used below refers to the project contractor, each sub-contractor, or each lower-tier sub-contractor.

Labor Standards Handbook - New Jersey€¦  · Web viewThe word “employer” as used below refers to the project contractor, each sub-contractor, or each lower-tier sub-contractor.

CONTRACT FOR SERVICES OF INDEPENDENT CONTRACTOR

CONTRACT FOR SERVICES OF INDEPENDENT CONTRACTOR

The sub-contract LIBRARY

The sub-contract LIBRARY

PAM Sub-Contract 2006

PAM Sub-Contract 2006

SUB-CONTRACTOR PRE-QUALIFICATION QUESTIONNAIRE

SUB-CONTRACTOR PRE-QUALIFICATION QUESTIONNAIRE

Normiated Sub Contractor

Normiated Sub Contractor