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Expert Analysis

Fed. Circ. Metcalf Ruling — A Major Boost To Contractors

Law360, New York (February 19, 2014, 12:38 PM EST) -- The Federal Circuit, in its recent decision in Metcalf Construction Co. Inc. v. United States, 2013-5041 (Fed. Cir. Feb. 11, 2014) has provided much-needed clarity regarding the standard a contractor must satisfy to prove that the government has violated the implied duty of good faith and fair dealing. In Metcalf, the Federal Circuit expressly held: (1) that a contractor did not need to show that it was the victim of "specific targeting"; and (2) that the government can breach the implied duty even if its action did not violate an express term of the parties' contract....

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