U.S. Government Contracting: Avoid Expensive Pitfalls in Preparing Your Contract Disputes Act (CDA) Claim for Damages
Author: Cheryl Adams, Esq. You are a government contractor. Something happened, and performance of your government contract just cost you more money. Whatever it is, you’re pretty certain it was not your firm’s fault. Should you just submit an invoice for the extra… Read more »
Understanding Government Contract Requirements & Authority – Express Contract vs Implied Contract
You Can Lose Your Case on Appeal If You Don’t Understand the Difference Between the Requirement of an Expressed Contract vs Implied Contracts 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. When… Read more »
Understanding the FAR Liquidated Damages Provision in Government Construction Contracts
Prime contractors on a federal construction contract can find themselves in serious jeopardy when the completion of the project is delayed. This is when the government exercises its rights under the FAR liquidated damages clause in the contract. Understanding the ins and outs of how the liquidated damages clause in… Read more »
Federal Circuit Court of Appeals CAFC Rules Against COFC On REA Claims for Increased Cost – Negligent Estimate
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 »
REA vs Claim :: FAR Equitable Adjustment Claims Changed to REA – ASBCA Has No Appellate Jurisdiction With REA Certification
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 appellate jurisdiction to hear an equitable adjustment… Read more »
Will Your Next Contract Disputes Act Claim be Thrown Out in a CBCA Appeal?
Even as late as 2016, government contractors are still making costly mistakes when preparing and submitting contract claims against the government. Making sure that your claim contains the right information, and the required certification and gives the contracting officer reasonable notice of what you want and why, is critical to… Read more »
Civilian Board of Contract Appeals CDA Claims 41 USC 7101 – 7109
Choosing the right forum and framing your appeals case correctly can save you thousands in unnecessary litigation costs. 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 claims appeal cases against… Read more »
Contracting Officer Authority in CDA Claims
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 »
CBCA Rules – Filing Contract Disputes Act Claims – US Civilian Board of Contract Appeals
Failure to Follow CDA Claims Filing Requirements Will Get the 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 US Civilian Board of Contract Appeals (CBCA). However, there are specific rules of procedure… Read more »