Morrison & Foerster Government Contracts co-chair Alex Ward and associate Victoria Dalcourt Angle recently published an article in The Government Contractor, titled “Contracting in the Fog of War.” An excerpt is provided below:
The fog of war has long been known to cast its pall over military operations, but contractors feel its effects as well. Providing supplies and services to the military in war-torn corners of the world involves a great deal of risk. Armed conflicts can expose contractors to changing security requirements, the closure of border crossings, restrictions on access to military installations, and other events that impact the company’s bottom line.
Contractors seeking to recover from the Government for increased costs due to these and other war risks can face an uphill battle. As the mixed results in the case law show, contractors can pursue a variety of legal theories when seeking payment for these costs. However, the Government also has a number of tools at its disposal, most notably the sovereign acts doctrine. The following case studies demonstrate that a contractor’s chances of recovery depend in large part on having the right factual situation—which can include making the right decisions as events unfold on the ground—and on selecting the appropriate legal strategy when it comes time to submit a claim.
Read the rest of the article here.