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ARTICLE · 07 MAY 2013

Teaming Agreements Called Into Question Under Virginia Law

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In 1997, the Virginia Supreme Court sent a chill down the spines of many companies operating under teaming agreements with a Virginia choice of law provision. In W.J. Schafer Associates, Inc. v. Cordant, Inc., 493 S.E. 2d 514 (Va. 1997), that court held a teaming agreement to be unenforceable on the ground that "agreements to agree in the future" are "too vague and too indefinite to be enforced."

United StatesGovernment, Public Sector
John Chierichella
John Chierichella
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In 1997, the Virginia Supreme Court sent a chill down the spines of many companies operating under teaming agreements with a Virginia choice of law provision. In W.J. Schafer Associates, Inc. v. Cordant, Inc., 493 S.E. 2d 514 (Va. 1997), that court held a teaming agreement to be unenforceable on the ground that "agreements to agree in the future" are "too vague and too indefinite to be enforced." After an initial outpouring of articles and commentaries on the future of teaming agreements under Virginia law, the dust appeared to have settled and, in 2002, the Virginia courts actually issued an affirmative injunction compelling specific performance of a teaming agreement in EG&G, Inc. v. Cube Corp., 63 Va. Cir. 634, 2002 WL 31950215 (Va. Cir. Ct. Dec. 23, 2002).

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