What is a contract? It is an agreement between two or more persons or entities which creates a legal obligation to do, or not do, a particular thing. In addition to having legally binding contract terms, a legally enforceable contract must have (i) a subject / offer, (ii) consideration, and (iii) two or more… Read more »

Indulging in Federal government construction contracts can be very lucrative in the federal procurement world. However, the risk of non-performance is definitely present and any federal construction contracting company must approach projects with caution.  As a contractor, you should be aware that you are dealing with an extremely large client with a… Read more »

 Importance of Breach of Contract Remedies in a Lawsuit As a party to a contracts lawsuit, you can seek several remedies for breach of contract and damages. Sometimes the decision to file a case, or not, could depend on potentially available solutions. Also, when filing a lawsuit your complaint has… Read more »

Drafting a contract termination letter starts with the basis for the termination and making sure that the underlying reason for the letter does not breach the contract. The decision to terminate a contract can arise from several situations that include: employment terminations, breach of contract situations, terminating services, construction performance… Read more »

Construction scope of work changes is commonplace on any federal construction project. As a contractor, the “changes clause” allows the government or owner to make changes to the scope of work after the contract performance period starts. Construction scope of work changes are typically for “extras” that you ask for increasing the scope of… Read more »

Avoid Costly Pitfalls With Your Request for Equitable Adjustment in Government Contracts In government contracts, the FAR request for equitable adjustment definition  refers to an adjustment that pays you for work that is directed by the agency. It also applies to work that ultimately increases the cost of the original contract.  The Contracting Officer… Read more »

Contracts often face harsh consequences when filing federal government Contract Disputes Act claims. Despite getting the benefit of your work, the contracting officer (CO) will often deny your claim just because the claim itself did not meet the CDA requirements. This result can cost a company thousands or even millions… Read more »

As a subcontractor to a federal government procurement, you may often find yourself wondering what is the privity of contract rule for federal government contracts and why the Contracting Officer, or even the Small Business Administration (in small business matters), does not intervene when you have a dispute with the… Read more »

Define Breach Potential Before Filing a Lawsuit As a party to a contract, you generally would not get to the issue of remedies unless you first define whether there is a breach. Meeting the definition of  breach of contract occurs when one of the parties fail to act or perform according to… Read more »

When a government contracting agency cancels a contract, you should not directly appeal the Board of Contract Appeals. You must first submit a claim under the Contract Disputes Act (CDA) and then request a final agency decision by the Contracting Officer. Only then does an appeal court have subject matter jurisdiction to… Read more »