GOVERNMENT-CONTRACTOR DEFENSE

government-contractor defense.An affirmative defense that immunizes a government

contractor from civil liability under state law when the contractor complies with government

specifications. • Immunization is extended when two conditions are satisfied: (1) the supplier

warned the government about any dangers presented by the goods about which the supplier had

knowledge but the government did not, and (2) the government itself is im-mune from liability

under the Feres doctrine. Essentially, this federal common-law defense, which has been applied in

cases of negligence, strict liability, and breach of warranty, extends sovereign immunity over the

con-tractor. The leading case on this defense is Boyle v. United Techs. Corp., 487 U.S. 500, 108

S.Ct. 2510 (1988). — Also termed Boyle defense; government-contract defense;

government-contract-specification defense; (in military context) military-contract defense. See

FERES DOCTRINE. Cf. GOVERNMENT-AGENCY DEFENSE. [Cases: Aviation 13; Products

Liability 26. C.J.S. Aeronautics and Aerospace §§ 125–135; Products Liability §§ 44, 48.] [Blacks Law 8th]