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 »

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 »

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 »

This decision shows that legal issues when submitting an equitable adjustment can be a nightmare and cause the company to lose out of thousands of dollars . In a recent case, the Armed Services Board of Contract Appeals (ASBCA) ruled that it had no jurisdiction to hear an equitable adjustment… Read more »

Latent Defects Definition The definition of a latent defect in government contracting is a hidden defect in the purchased material or the quality of the services (including construction) and worked performed. A huge problem with getting paid in government contracting is when the agency rejects payment due to final acceptance of… Read more »

When the government issues a termination of contract for default for default, preserving your rights to appeal is one of the first things that a federal contractor must consider. What are your options? If you want to termination of contract decision to be completely overturned, you may want to ask… Read more »

Lawyers Appealing from COFC Federal Claims Protest Decisions to the Court of Appeals for the Federal Circuit In a recent case, the United States Court of Appeals for the Federal Circuit reversed a bid protest decision from the Court of Federal Claims  because the appellant had failed to first exhaust… Read more »

Even as late as 2016, government contractors are still making costly mistakes when preparing and submitting contract claims against the government. The last thing you need to happen is that when filing an appeal, your case gets dismissed based on the technicality of not meeting the legal requirements for a… Read more »