Jules Szanton and Stephen Bacon Publish Law360 Article on the FAR Rewrite and Its Implications for the Christian Doctrine

A recent executive order aimed at streamlining the Federal Acquisition Regulation (FAR) could have unintended consequences for a long-standing legal principle in government contracting: the Christian doctrine.

In an article for Law360, Rogers Joseph O’Donnell P.C. associate Jules L. Szanton and shareholder Stephen L. Bacon examine how the planned removal or sunsetting of nonstatutory FAR provisions may weaken the legal basis for reading certain clauses into federal contracts in cases where those clauses are not explicitly included in the contract’s text.

Their article, “FAR Rewrite May Cloud Key Gov’t Contract Doctrine” (subscription required), explores how this overhaul could limit the government’s ability to invoke the Christian doctrine in future disputes. Szanton and Bacon outline its historical applications, highlight recent court decisions and consider how courts may interpret its relevance going forward, especially as it relates to nonstatutory FAR provisions.

Szanton, a former U.S. Army JAG attorney, focuses his practice on government contracts and litigation. Bacon is a shareholder in the firm’s Government Contracts Practice Group, representing contractors in disputes with federal agencies.