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 »

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 »

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 »

When a contracting officer denies a claim under the Contract Disputes Act, filing an appeal to the Civilian Board of Contract Appeals (CBCA) would be the next step. Not all contract claims against the federal government are filed at the civilian board. Therefore, government contractors must be careful choosing the forum… Read more »

When submitting contractor claims to the federal government, businesses should be aware of the Contracting Officer authority to issue a final decision. 48 CFR 1.603 suggests that although the CO is appointed on a Standard Form  1402. Any limitations on the Contracting Officer authority must be stated on the form… Read more »

Failure to Follow CDA Claims Filing Requirements Will Get Appeal Dismissed If the Contracting Officer issues a final decision denying your contract claim against the government, you have rights to appeal the decision to the Civilian Board of Contract Appeals (CBCA). However, there are specific procedural rules and activity that… Read more »

Government contractors often find themselves in a precarious position when they file a request for equitable adjustment (Government REA Contracting Act) but later made the argument that it meets the requirements of a Contract Disputes Act claim. Understanding the applicable laws can save contractors thousands in attorney fees when seeking… Read more »

Varying Surety Bond Requirements Take Different Legal Paths to Resolve Avoid Costly Legal Mistakes. Given the amount of construction in federal government construction contracts, there are provisions that allow for large contractors and DOD small businesses to secure projects. There are various surety bond requirements that must be met. For… Read more »