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Understanding Government Contract Law, 2nd Edition by Terrence M. O'Connor

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Chapter 12

Costs of Litigation

Lawyer’s fees and other litigation costs are both a known and unknown element in any lawsuit. They are a known cost because everybody knows that a lawsuit costs money. They are an unknown element because exactly how much the litigation costs will always be unknown to contractors and contracting officers.

Known or unknown, litigation expenses costs can be high. So naturally the question is, “who’s going to pay them?”

The British do it one way: the loser pays. For many reasons, including the belief that the British system ...

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