Richard Pennington

Requirements contracts: What's your obligation? 
Public procurement professionals know the elements of an enforceable contract. One is mutual consideration - generally reciprocal promises to perform an act (not otherwise required) or to give up a legal right (as in settlement agreements). In a sales contract, the buyer promises to pay money. The seller promises to deliver goods and services.
A legacy evolves: Contractor responsibility meets responsiveness
Richard Pennington discusses contractor responsibility in public sector construction.
From proposal to award: Discussions in RFPs
This article looks at the information exchange that occurs from the time proposals are received and the government’s obligations with respect to those exchanges.
Lessons to learn in options and competition
A review of several legal cases that impact the use of options versus the need to ensure competition.
Enforceability of liquidated damages clauses
Two recent case decisions cover the enforceability of liquidated damages amid claims they operate as unenforceable penalties.
Untying the legalistic straightjacket
Courts generally defer to procurement's decision-making processes - if they are documented.
Indemnification, Limitation of Liability and (Un)Intended Consequences
An explanation of the differences between indemnification and limitation of liability, and two cases that illustrate what can go wrong.
'Piggybacking' on the Law (of Piggybacking)
In the case of Accela v. Sarasota County, the state court and an appellate court disagree on whether the county could piggyback on a contract by the State of Wisconsin.
Proposal revisions during post-award contract execution: Are they fair?
Richard Pennington examines legal cases in Florida and New Jersey that have determined whether governments can alter RFP requirements after selecting a contractor.
Unwitting waivers of delivery dates
This article examines two United States legal cases that illustrate application of waiver principles in a context of a supply and construction contract.
Responsive or not?
Richard Pennington examines two recent cases to highlight special problems in applying concepts of responsiveness in requests for proposals (RFPs).

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