Superior knowledge doctrine

Superior knowledge doctrine is a principle in United States contract law. The doctrine states that the government must disclose to a contractor otherwise unavailable information that is vital to contract performance.

In order to recover under the superior knowledge doctrine, a contractor must prove each of the following elements:

The case most often cited as initiating the superior knowledge doctrine is Helene Curtis Industries, Inc. v. United States (160 Ct. Cl. 437, 312 F.2d 774 (1963)). 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 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 have established that:

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