Refusal to Negotiate SOWs Not a Breach of Duty of Good Faith and Fair Dealing Where Governing Contract Allowed, but Did Not Require, SOWs

In Skanska USA Building, Inc. v. Regeneron Pharmaceuticals, Inc., 2024 WL 3214731 (S.D.N.Y. Jul. 1, 2024), the Southern District of New York distinguished between master services agreements that contemplate future statements of work (“SOW”) and those that require them.  Under the former, refusal to negotiate future SOWs does not give rise to a claim for … Read more