Teaming agreements are one of the most common but least understood documents used by government contractors today.
Like contractors, judges seem uncertain of what rights and obligations are created by a teaming agreement if the parties fail to cement their relationship with a subcontract. In Virginia alone, courts have changed positions three times on the enforceability of teaming agreements – creating an unpredictable no man’s land of teaming agreement litigation.
In a two-part series of articles published in Contract Management magazine, McGuireWoods litigator and government contracts attorney Steve Mulligan explains how contractors can improve their teaming agreements, based on court decisions and hands-on experience litigating teaming agreements gone bad.
Steve’s first article, titled “How to Improve Your Teaming Agreement,” found here, explains how inconsistent rulings regarding the enforceability of teaming agreements leads to unpredictable results when team members accuse each other of breaching the agreement. The second article provides practical tips for primes and subs, and may be found here.