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Government Contracts
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


6-40 Government Contracts: Law, Admin & Proc 40.syn


Title

Accord and Satisfaction; Release

Author

Walter A.I. Wilson;John Cosgrove McBride;Thomas J. Touhey

Chapter Summary


ABSTRACT TEXT:

This chapter, Accord and Satisfaction; Release, addresses the characteristics and effects of an accord and satisfaction and releases. An accord and satisfaction is the discharge of obligations under a contract, or of a disputed claim arising either from contract or tort, by the substitution of an agreement between the parties in satisfaction of that contract or disputed claim. In the administrative settlement of claims arising under government contracts, the problem of accord and satisfaction most frequently occurs in either of the following two situations: (1) After the contractor has signed a release; or (2) When one of the contracting parties requests an equitable adjustment as the result of a change or for other reasons.

The chapter defines an "accord," as well as "satisfaction." It also discusses how an accord and satisfaction functions as an affirmative and absolute defense. Next, the chapter identifies and discusses the elements of the defense including: 1) the necessity of proper subject matter; 2) competent parties; 3) meeting of the minds of the parties; and, 4) consideration. Then, it addresses the application of an accord and satisfaction in the context of government contracts. In addition, the chapter examines the necessity of disagreement, the requirement that the amount claimed must be unliquidated, and the requirement of a new agreement. Further, the chapter discusses the effect of acceptance of payment and economic duress, as well as the effect of a contract amendment. Finally, the chapter provides detailed coverage of the principles regarding the effect and scope of a release, exceptions to release enforceability, distinctions between a release and accord and satisfaction, distinctions between a release and "receipt," rules for interpretation of releases, and issues such as the execution of a release with exceptions.

Government Contracts: Law, Administration, Procedure (Matthew Bender) features extensive coverage of the law and regulation of the business of government contracting or federal acquisition. Nearly every aspect of government contract law and practice is addressed, with references to the history and policies underlying current principles as well as current references to applicable statutes, regulations and case decisions. Along with certain standard forms published by the government, Government Contracts: Law, Administration and Procedure also contains typical practice forms, including sample filings for use in government contract adversary proceedings in the Federal Courts, the agency boards of contract appeals and the General Accounting Office. It also includes forms for non-adversary use, including those related to industrial security.

CORE TERMS:

Government contracts,public contracts,accord and satisfaction,release,accord,satisfaction,receipt

RELATED CHAPTERS: (View)

See Chapter 1 for an introduction to the general principles of government contracts. See Chapter 2 for discussion of the interpretation of government contracts. See Chapter 7 for discussion of administrative accord and satisfaction in the context of the Comptroller General. See Chapter 30 for discussion of termination for the convenience of the government, and accord and satisfaction and release.

OTHER RELATED PUBLICATIONS:

For a complete discussion of all aspects of government contract accounting with particular emphasis on the Federal Acquisition Regulation see Accounting for Government Contracts: Federal Acquisition Regulation (Matthew Bender).

For additional coverage of contract law generally, and exhaustive analysis of all the rules of contract law see Corbin on Contracts (Matthew Bender).

For detailed coverage of all aspects of administrative law and the administrative process, with an emphasis on federal agencies see Administrative Law (Matthew Bender).

For practice oriented coverage of all major aspects of the federal government contracting (procurement) process, citations to key administrative and court decisions, statutes, and regulations, and various forms and exhibits, see Federal Contract Management--A Manual for the Contract Professional (Matthew Bender).

For comprehensive treatment of local government law with current and complete perspectives on municipal corporations, as well as independent local government entities and counties, see Antieau on Local Government Law (Matthew Bender).
 
 
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