Last summer, after a five-day lawsuit over a federal government contractor`s default lawsuit against another contractor, the Fairfax County Circuit Court denied a multi-million euro verdict on the grounds that there was no contract at all. [3] In this case, the Claimant stated that he had entered into a “team agreement” with the respondent under which the Claimant would support the Respondent`s proposal. In return, certain subcontracts of the tender are reserved by the defendant to the applicant. The teaming agreement invited the parties to then agree by mutual agreement on the actual volume of work and the financial conditions. In the end, however, the claimant was excluded from the defendant`s postponement of work in the market. In his written decision to overturn a jury`s arbitration award for non-subcontracting to the defendant for the project, the Circuit Court judge cited Virginia`s long-standing law that “a contract is enforceable; it is necessary for the Contracting Parties to agree on conditions which are sufficiently secure in the present circumstances. Simple agreements to agree in the future are too vague and too indefinite to be implemented. In the Fairfax County Circuit Court case, the judge found that the permanent terms of the team agreement with respect to the work actually to be done by the applicant indicated that the parties could not intend to be bound to obligations after the award. Consequently, there was no enforceable agreement between the parties to the teaming agreement on the provision of work to promote an awarded market offer. The complainant contractor had contributed to all aspects of the development of a successful federal contract proposal, but was unable to benefit from this contracted work. Each contract has three essential characteristics: (1) an offer of services or supply of goods by a supplier; (2) acceptance of this offer by the buyer; and (3) consideration (i.e. some consideration) for services or goods provided by the supplier. For a treaty to be applicable, it is necessary for the Contracting Parties to agree to each other on conditions that are sufficiently secure in the present circumstances.

[1] If a written document contains conditions that provide for these elements and indicates that the parties to that document intend to be subject to these conditions, a court may very well decide that the document is an enforceable contract, regardless of the name of the document. . . .