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 »

A partnership in business is the relationship formed between two or more persons who carry on a business or trade for a profit. A complete definition of a partnership agreement is determined on a state by state basis within the state statutes. Regardless of whether you have a business partnership agreement in place,… Read more »

A recent SBA 8(a) procurement fraud scheme and corruption case resulted in four retired and one active duty Army National Guard officials pleading guilty for their role in procurement fraud crimes under the SBA 8(a) Program. The result of procurement fraud schemes and corruption ended in the award of millions of dollars in marketing,… 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 »

Contractors can claim mistake of fact in bid claims against the federal government.  When arguing that there was a mistake in bid, a contractor can either raise a mutual mistake of fact (both contractor and government made a mistake in drafting the agreement) or unilateral mistake of fact (contractor mistake)… Read more »

When bringing a contract claim against the federal government, it is important to know if the claim you wish to assert is barred.  If it is, then you do not want to waste both time and money.  The government can raise various affirmative defenses that can lead to a finding… Read more »

When Do You Qualify for Quantum Meruit Contract Claims Against the Federal Government? Filing quantum meruit claims against the federal government can be confusing to businesses and individuals. Understanding what quantum meruit recovery damages are available to you under contract claims against the federal government is important.  Quantum meruit claims… Read more »

Are you considering a mineral rights or similar lease from the government on the Outer Continental Shelf  (OCSLA)? It is crucial to understand your potential liabilities and obligations that may arise from provisions not specifically stated in the contract and when you may have a breach of contract claim against… Read more »

Breach of Good Faith and Fair Dealing Standard In a recent decision, Metcalf Construction Company v. United States, the Federal Circuit appeared to relax the standard needed to find a breach of covenant of good faith and fair dealing with government contracts.  Metcalf involves a construction contract claims between the federal government… Read more »