Contracting Authority Analyzed In 3 Cases

June 16, 2006

In a spate of recent decisions by different Court of Federal Claims judges, the proper scope of contracting authority is closely analyzed. In Brunner v. U.S. (May 2, 2001), Judge Wolski provides a treatise that concludes that apparent authority, contrary to all reports, is alive and well in government contracts and is only limited by publicly available laws and regulations that restrict the government agent's power to contract; in Arakaki v. U.S. (May 30, 2006), Judge Hewitt disagrees; and in Telenor Satellite Servs., Inc. v. U.S. (June 2, 2006), handled by C&M, Judge Baskir discusses both implied authority and ratification when finding both for a bailment agreement.

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