Theodore P. Watson, Government Contracts Attorney. Termination for default cases on appeal often fails. The general reason for such a failure rate is because of your response to a show cause notice in government contracting. Another reason is that your response to FAR cure notice or some version of a letter… Read more »
Although government contracting can be a lucrative business venture, contract dispute claims resolution with the government can sometimes be daunting and stressful. Oftentimes, businesses believe that they are doing ‘the right thing’ when the Contracting Office Representative orders them to perform extra work. Businesses may also believe that agencies will… Read more »
In government construction contracting, a general contractor often litigates contract disputes about construction scope of work changes but often finds out after thousands in litigation costs, that it has either failed to follow FAR procedure or took a substandard technical approach to get paid. For large federal projects, the risk of… Read more »
When filing claims against the government, under the theory of equitable subrogation, there are some tricky rules of law in place. For example, in a recent Court of Federal Claims case, Fidelity and Guaranty Insurance Underwriters, et al. v. United States, No. 14-84 C (Nov. 19, 2014), the court ruled that under… 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 government contract claims will be denied. In addition, 33.2 % of appeals to the Board shall be dismissed or denied either for lack of jurisdiction or hearing… 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 »
Contractors that are a party to federal and DOD contracts can assert claims against the federal government. However, there are certain legal requirements to keep the claim intact. Defects in your claims submission can delay or sometimes even completely void the claim. Also, improperly submitted claims can prevent an appellate… Read more »
On December 9, 2014, the Civilian Board of Contract Appeals (“CBCA”) ruled in favor of contractor Kiewit-Turner, after a finding of material breach of contract on the part of the government, allowing Kiewit-Turner to stop work on a VA Hospital being constructed in Aurora, Colorado, which was supposed to be completed in May… Read more »
As a contractor doing business with the federal government, there is often the question of whether there is a breach of contract claims against the government. Whether the answer is yes or no is left to the court. However, before you reach this phase you must first understand the basics… 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 »