Making the decision to appeal a lower court’s decision to the US Court of Appeals for the Federal Circuit is a tough decision to make. Not only can it be an expensive process but understanding what objective you want to accomplish is essential. Federal government contractors may want to turn… Read more »

When filing a government contract claim based upon breach of express contract terms, there is a specific legal analysis that the courts use to validate such claims. First, deciding an express Breach of Contract Claim requires an interpretation of a government contract which is a question of law, reviewed de novo…. Read more »

Prime contractors on a federal construction contract can find itself in serious jeopardy when the completion of the project is delayed. This is when the government exercises its rights under the liquidated damages provision in the contract. Under the Default Clause, the government will seek the common law recovery of… Read more »

Government contractors sometimes have to make a decision to engage in protesting federal government contract awards. This level of litigation can be brought before the contracting agency, the Government Accountability Office, or the U.S. Court of Federal Claims. To help to make the process easier, companies should start the decision… Read more »

The US Court of Appeals for the Federal Circuit (CAFC) ruled against the Court of Federal Claims decision on a Request for Equitable Adjustment Claim (REA) against Agility Defense for increased cost under the provisions of FAR 16.503. The Appeals from the Claims Court was due to denial of a government… Read more »

Given the new SBA rules, subcontractors should pay special attention to whether or not they still can be ostensibly affiliated. Although the new affiliation rules relax the possibility of becoming affiliated, Ostensible Subcontractor Rule is still alive and well. the The new rules are not intended for the prime contractor… Read more »

In a recent case, the US Federal Circuit Court of Appeals (CAFC)dismissed a case in part because the Plaintiff could not show privity of contract with the federal government. This is a costly mistake that companies should be aware of when they contemplate filing any type of case related to… Read more »

Brutal Government Contractor Mistake Cause Lost Appeal For Quantum Meruit at COFC. Government contractors often make the costly mistake of performing out of scope work without the expressed written permission of the contracting officer. Many contractors fail at the litigation stage because they do not understand the difference between quantum… Read more »

Many small businesses will be faced with dissecting the most recent SBA Rule governing the Limitation on Subcontracting Rule. Predictably,  much litigation will be based upon whether a small business is similarly situated or not. This will be a new issue that many small businesses across the country should investigate… Read more »

Effective June 30, 2016, the Small Business Administration (SBA) changed some of the key points in the limitation on subcontracting clauses for small business set-aside contracts.  Instead of the old “50 percent rule” the calculation for a subcontractor plan would be based on a percentage cap on the total prime… Read more »