June 9, 2008

EDITOR'S NOTES

Explaining the merits of res judicata, the Supreme Court has said, “[When] a final judgment has been entered on the merits of a case, ‘[i]t is a finality as to the claim or demand in controversy ... not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.’” Nevada v. United States, 463 U.S. 110, 129-30 (1983) (quoting Cromwell v. County of Sac, 94 U.S. 351, 352 (1876)). The Federal Circuit Court of Appeals recently addressed the matter when a contractor filed 10 related claims against the U.S. government for work on a naval chapel project. Nine of the claims were settled, but the contractor tried to introduce the tenth claim in a separate venue. The court rejected the split claim tactic under the merits of res judicata and the Contracts Dispute Act.

Also this week, we cover the issues of small business provisions in contracts, reciprocal waivers for insured property losses and non-assignment clauses on a defaulted development project.

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