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 »

Government contractors sometimes have to make a decision to engage in protesting federal government contract awards. This level of litigation can be brought before the contracting agency, the Government Accountability Office, or the U.S. Court of Federal Claims. To help to make the process easier, companies should start the decision… Read more »

Many small businesses will be faced with dissecting the most recent SBA Rule governing the Limitation on Subcontracting Rule. Predictably,  much litigation will be based upon whether a small business is similarly situated or not. This will be a new issue that many small businesses across the country should investigate… 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 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 »

Prime contractors that are bidding on government contracts often provide subcontracting opportunities to other businesses. However, there is some confusion whether a specific FAR contract flow down clause applies to subcontractors. Problem: 43% of prime contractors are not clear as to which FAR clauses must apply to subcontractors and those 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 »

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 »