This chapter, Government Misrepresentation, addresses the consequences of government misrepresentation in contracting.

The chapter begins with definitions, including distinguishing a mistake of fact as opposed to a misrepresentation of law. The chapter considers the applicability of the common law rule to government contracts. The chapter addresses the unique circumstance surrounding construction contracts and government misrepresentation. The chapter outlines the elements of a government misrepresentation claim. It covers the consequences of government knowledge of a falsity. The chapter discusses materiality issues. It covers the often litigated issue of the right to rely on a representation including the general rule and exceptions to the general rule, as well as the consequences of an absence of a positive representation, representations as warranties, remedies and completion date.

The chapter addresses quantity estimates and issues such as contractor knowledge of error, estimates of distance, words of limitation, and negligent preparation of estimates. It considers samples and government property. It provides in depth coverage of issues pertaining to government sales of property. The chapter discusses issues pertaining to positive and specific representations generally, such as actual government knowledge of conditions, the burden of proof on the contractor, constructive government knowledge of conditions, detailed specifications, and the duty to cooperate. The chapter covers contractual relief, and the requirement that parties to a government contract have constructive knowledge of the law.

Government Contracts: Law, Administration, Procedure (Matthew Bender) features extensive coverage of the law and regulation of the business of government contracting or federal acquisition. Nearly every aspect of government contract law and practice is addressed, with references to the history and policies underlying current principles as well as current references to applicable statutes, regulations and case decisions. Along with certain standard forms published by the government, Government Contracts: Law, Administration and Procedure also contains typical practice forms, including sample filings for use in government contract adversary proceedings in the Federal Courts, the agency boards of contract appeals and the General Accounting Office. It also includes forms for non-adversary use, including those related to industrial security.