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 »
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 »
In government contracting, there are harsh rules about apparent authority. The issues usually arise when contractors follow directions of Program Managers and Contracting Officer Technical Representatives (COTR). Knowing the difference between actual and apparent authority can help you develop a better strategy when filing a contract claim against the government. Without… Read more »
Under Section 12 of the Contract Disputes Act (CDA), government interest payments for CDA claims starts from the time the contracting Contract Disputes Act Interest Rates The rate of government interest payments for CDA claims is established by the Secretary of the Treasury. The interest rate generally changes every six months. This… Read more »
When it comes to the recoverability of Government Contract cost escalation claims and damages, construction contractors or businesses involved in services can find themselves at odds when submitting quantum damages claims against the federal government. In response to the demand, the government might even argue on appeal that, as a matter of… Read more »
Contract Disputes Act (CDA), 41 USC 7101–7109 and certification requirements for government contract claims certification are a must when submitting contract claims against the government. All claims over $100K must have the proper certification. Failure to meet this requirement can cause legal headaches later in the process. For example, the Armed… Read more »
Submitting your documentation of Requests for Equitable Adjustment (REA) also means having understanding of the statutory requirements. This can be critical to getting an approval from the federal government and getting paid. There is an enormous amount of information that should be included to validate your request. Failure to submit a legally sufficient… Read more »
Government contractors may find themselves dealing with a wrongful termination of construction contract for default on a federal construction project. Although it is clear that something is wrong with the government’s termination action, many construction companies are not familiar enough with the underlying regulations that govern terminations for default. Therefore, the… Read more »
When arguing or negotiating construction defect claims for defective specifications in federal government contract claims, companies must show that such defective specifications are not suitable for producing the required result. These are very fact specific situations that must be first introduced at the Agency level. Contractors often make the costly mistake of introducing new… Read more »
After the government exercises its rights to terminate your contract under the termination for convenience clause, you then have to submit your damages in a termination for convenience settlement proposal. It must be done within one year. Therefore, you must develop your settlement posture early. The government will almost always… Read more »