Superior knowledge doctrine

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The superior knowledge doctrine is a principle in United States contract law which states that the government must disclose to a contractor any otherwise unavailable information that is vital to contract performance. It is also referred to as "the Helene Curtis doctrine of superior knowledge. In order to recover under the superior knowledge doctrine, a contractor must prove each of the following elements:

History

The case most often cited as initiating the superior knowledge doctrine is Helene Curtis Industries, Inc. v. United States. Helene Curtis Industries received an army contract for large quantities of a disinfectant chlorine powder that had never been mass-produced. The powder was to be used by U.S. troops in Korea to disinfect mess gear and fresh fruits and vegetables. The Army prepared directions for production of the new disinfectant powder. Based on the specifications, the contractor concluded that only a simple mixing technique was needed and submitted its bid. The Army already knew that a costly grinding operation would be required to produce the disinfectant powder. The Army also knew the contractor planned to simply mix the ingredients together, without performing any grinding. After the contract was awarded, the disinfectant failed to meet the specified solubility test. The company then investigated and discovered that the powder needed to be ground. The contractor sued for the costs of finding that it needed to grind the powder, because the Army should have shared this superior knowledge.

Later cases

Later cases have established that:

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