"Using Declaratory Judgment Actions Effectively Although actions for declaratory relief still are not common, the body of law has slowly grown since jurisdiction was finally established in the CFC, and contractors are beginning to understand that declaratory actions can be powerful tools in the right circumstances. But what are the right circumstances? Although situations will vary, contractors should seriously consider seeking declaratory relief at least in those circumstances where (1) there is a dispute relating to a fundamental issue of contract interpretation or the contractor’s obligation to perform, (2) there is need for a relatively speedy determination of the contractor’s rights, and (3) future monetary damages may be inadequate to make the contractor whole. At the same time, contractors should also know that the path to declaratory relief will not always be easy. The government often has fought contractors’ efforts to bring declaratory actions, on both jurisdictional and prudential grounds, and there are some common pitfalls to be avoided." #declaratoryjudgment #ConfirmationOfJudgment #FinishThem

Posted by MalikaDulce at 2020-12-05 03:50:11 UTC