Colorado Limited Liability LLC vs S Corporation Differences When forming a new business, you might wonder what is the difference between an LLC vs Corporation. What does LLC mean in business terms? In Colorado, and in many other states, a limited liability company (LLC) is a business created under Colorado statutes…. Read more »

Prime contractors that are bidding on government contracts often provide subcontracting opportunities to other businesses. However, there is some confusion whether a specific FAR contract flow down clause applies to subcontractors. Problem: 43% of prime contractors are not clear as to which FAR clauses must apply to subcontractors and those that… Read more »

Government contractors often find themselves in a precarious position when they file a request for equitable adjustment (Government REA Contracting Act) but later made the argument that it meets the requirements of a Contract Disputes Act claim. Understanding the applicable laws can save contractors thousands in attorney fees when seeking… Read more »

Be aware of the various legal nuances that can cost you the contract. Independent Contractor agreements in government contracting have vastly different legal issues. Not only do the parties have to very careful at the bidding stages; they also have regulated approaches to subcontracts during the performance stage.   The main… Read more »

What is a Common Law Contract? Common law refers to case law or precedent where decisions are made, and there is no statute governing the particular action. In common law contracts, service contracts predominately stand out as an example because there is no statute that governs the rights and obligations of… Read more »

Many government contracts are subject to cost accounting standards (“CAS”).  The nineteen CAS standards “govern the allocation of costs among the various contracts being performed by a government contractor.”  While many contracts are subject to CAS, many are not. As a government contractor, it is crucial to know whether your… Read more »

Government Construction Scope of Work Changes & Change Order

In government construction contracting, a general contractor often litigates contract disputes about construction scope of work changes but often finds after thousands in litigation costs, that it has either failed to follow FAR procedure or took a sub standard technical approach to getting paid.  For large federal projects, the risk of… Read more »

After filing a contract claim against the government, you finally receive the bad news from the Agency – a denial of claims.  17% of contract claim against the government will be denied. In addition, 33.2 % of appeals to the Board shall be dismissed or denied either for lack of jurisdiction… Read more »

Being subject to the Federal Prompt Payment Act, 31 USC 3901-3905 (the “PPA” or “Act”) for government construction projects puts business owners in a financial strain when the government does not pay invoices on time.  The Act was enacted to facilitate early payment to contractors when work is timely performed… Read more »

As a contractor doing business with the federal government, there is often the question of whether there are breach of contract claims against the government. However, when and how you pursue the breach claim can be tricky and costly when the Contract Disputes Act process is not followed.   Avoiding costly mistakes… Read more »