When the government terminates your company for default (otherwise known as termination for cause), understanding your rights and the  contract termination process can be crucial to your company’s future. For example, many contractors may not realize that they must preserve their right to appeal as early as the cure notice… Read more »

Under the Termination for Default Clause, the government can exercise its right to completely or partially terminate a contract because of the contractor’s actual or anticipated failure to perform its contractual obligations.  If you can establish that the relevant facts show that the contractor was not in default or that… Read more »

During a termination for default (also referred to as termination for cause) appeals case, contractors often find themselves facing harsh procedural court rulings that cause them to lose the case. As a party to the appeal, you must prove facts supporting any allegations that you make. Submission on the written record… Read more »

Defending Against the Federal Government for Mail Fraud Penalties and Wire Fraud Allegations Can be Tricky Business When you have an attorney that is no familiar with federal government contract law. When it comes to mail fraud penalties in federal procurement contract, criminal actions and the penalty for wire fraud… Read more »

  Suspension and debarment of government contractors come into play when you do not comply with the terms and conditions of your contract. Not all companies understand what does debarred mean. The consequences are serious and can severely impact your business revenues. How you respond to a proposed suspension or debarment notice is… Read more »

A recent SBA 8(a) procurement fraud scheme and corruption case resulted in four retired and one active duty Army National Guard officials pleading guilty for their role in procurement fraud crimes under the SBA 8(a) Program. The result of procurement fraud schemes and corruption ended in the award of millions of dollars in marketing,… Read more »

As a contractor doing business with the federal government, there is often the question of whether there are breach of contract claims against the government. However, when and how you pursue the breach claim can be tricky and costly when the Contract Disputes Act process is not followed.   Avoiding costly mistakes… Read more »

Contractors often have questions on the types of claims available to them.  One claim contractors can assert when trying to recover government breach of contract damages is a superior knowledge claim.  The doctrine of superior knowledge is based on the idea that where the government had knowledge of information that would… Read more »

Recently, many contractors have questions about the grounds supporting a termination for default letter. When seeking to appeal default termination, the evidence, procedure, and how the court decides a case is essential to the litigation strategy. For example, when looking at the Termination for Default clause (T4D) of the contract,… Read more »

Breach of Good Faith and Fair Dealing Standard In a recent decision, Metcalf Construction Company v. United States, the Federal Circuit appeared to relax the standard needed to find a breach of covenant of good faith and fair dealing with government contracts.  Metcalf involves a construction contract claims between the federal government… Read more »