Attorney Liability & Conduct

Complex Commercial Litigation

Construction

Cyber and Supply Chain Security

Disability Rights

E-Commerce

Environmental Law

Government Contracts

Labor & Employment

Retail Industry Trade Regulation

White Collar Criminal Defense



Publications by Neil H. O'Donnell

Construction

If Budget Sequestration Trims Your Contract: What Contractors Need to Know About Partial Terminations and Deductive Changes (PDF) RJO Goverment Contracts Update (co authored)

Advising Construction Contractors: Suspension and Debarment, A CLE teleconference for the ABA Public Contract Law Section, Construction Division, June 28, 2012 (Slide Show) and (Case Study) (co-presented)

"The California False Claims Act: Public Entities' New Weapon Against Contractors"
Presented to Construction Division of ABA Public Contract Section, August 11, 2003

Defective Work, Effective Litigation, Claims, Coverage and Trends: Experts in Defective Work Cases (PDF) Presented to the Forum Committee on the Construction Industry, American Bar Association on October 3-4, 2002

Amicus Curiae Brief filed in the Supreme Court of California on behalf of Associated General Contractors of California in Amelco Electric v. The City of Thousand Oaks, co authored by Aaron Silberman

"Loophole in Law Allows Surprise Payment Bond Claims," California Constructor, Associated General Contractors of California, June 1998, co authored by Robert M. Osier

"Feature Comment: Default Terminations Motivated By 'Lack Of Further Government Need' Are Dealt Another Blow," The Government Contractor, Vol. 40, No. 33 / August 26, 1998 - Pg. 3

Rules in Flux: The New Standards for Recovery of Overhead Costs on Construction Claims presented at the AGC Legal Advisory Committee Retreat in Carmel, California (October 17-18, 1998)

"Revolution or Evolution: Recent Developments in Federal Construction Law,"
presented to Associated General Contractors of California Legal Advisory Committee Retreat (October 26-27, 1996) co-authored by Allen Samelson

"Access to Federal Courts in Subcontract Disputes," The Constructor, (June 1996) co-authored by Allen Samelson


Government Contracts

Lockheed And Unquantifiable Risk in Govít Contracts M&A (PDF) Law360, October 10, 2016 (co-authored)

Government Shutdown Q & A: Navigating in Uncharted Waters (slide show) a CLE webinar for the Public Contracting Institute, October 15, 2013, co-authored

Neil O'Donnell and Dennis Callahan discussed the Supreme Court's decision to hear an appeal by the contractors in one of the largest and longest running cases in Government contracts history – the challenge to the Navy's 1991 termination for default of the contract for the development and prototype production of the A-12 stealth aircraft. The article examines the potential impact of the case with regards to two issues decided by the Federal Circuit: (1) the standards governing terminations for default, which the Supreme Court refused to consider, and (2) the application of the state secrets privilege in government contracts disputes, which the Supreme Court will review. FEATURE COMMENT: The "A-12 Saga Continues (PDF) The Government Contractor, Vol. 52, No. 45 - December 8, 2010.

"Terminations -- Convenience and Default," Presented to West Group Government Contracts Year in Review Conference (January 29-January 31, 2003), co-authored by Allan J. Joseph

Neil O'Donnell was a contributing author to the recent publication of the Task Force on Dispute Avoidance of the American Bar Association's Public Contract Section entitled An Ounce of Prevention - Best Practices in Dispute Avoidance for Government Contracts. Mr. O'Donnell, assisted by Anthony Bedwell-Coll, was among those responsible for Chapter Three of the monograph, "Dispute Review Boards."

"The Road To Recovery Of Interest," Government Contract, Issue 98-10, October 1998 - Pg. 3, co-authored by Patricia A. Meagher

Government Communications with Represented Persons: Congress Pulls the Plug on the DOJ 'Thornburgh Exemption, This article appeared in the 11/23/98 issue of Federal Contracts Report, published by the Bureau of National Affairs, co-authored by Allen Samelson

"Protecting Against Terminations for Failure to Make Progress,"Contract Management, Page 10, (April, 1997), co-authored by Valerie Ackerman

"The Bleak Future of 'Lack of Further Government Need' as a Proper Motive for Default," 38 Government Contractor, No. 11 ¶ 131, (March 20, 1996)

"Bucking the Trend: Limiting the Grounds for Terminations for Convenience,"
38 Government Contractor, No. 44 ¶ 547, (November 20, 1996) co-authored by Valerie Ackerman


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Neil H. O'Donnell