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 »

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 »

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 »

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 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 »

In a recent case, a government contracting agency won on its motion to dismiss an appeal under the Contract Disputes Act because the claim was essential a request for routine payment. Businesses must be aware of the dangerous problem because it can impair the court’s jurisdiction to hear the appeal… 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 »