To get a government contract claim excused from performance due to defense to breach of contract of impossibility or commercial impracticability, you must inform the contracting officer early in the process. You cannot wait until the case is at the appeals level to bring it up. Failure to follow this simple… Read more »
When submitting construction contract claims against the Federal Government, or any service contract disputes, there are unique and dangerous rules and regulations that unaware companies. There is a common legal practice that many construction companies should be aware of. It is called preserving your right for a potential appeal…. Read more »
When Do You Qualify for Quantum Meruit Claim Recovery in Federal Government Contract Claims Against the Federal Government? If you have a written contract, this can be a tricky undertaking. Filing quantum meruit claims against the federal government can be confusing to businesses and individuals. Understanding what quantum meruit damages… 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 »
Making sure that your government contract claim appeal is, and can be, heard by the proper body is critical under Board of Contract Appeals ASBCA Rules. If you file an appeal that cannot be heard, you are simply wasting time and money. When the contracting officer issues a final decision,… Read more »
Are you considering a mineral rights or similar lease from the government on the Outer Continental Shelf (OCSLA)? It is crucial to understand your potential liabilities and obligations that may arise from provisions not specifically stated in the contract and when you may have a breach of contract claim against… Read more »
Breach of Duty Good Faith and Fair Dealings 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 the expressed covenants of good faith and fair dealing with government contracts. Government contractors seeking to litigate… Read more »
Complex commercial litigation attorneys deal with high-stakes and a wide array of litigation rules and procedure. Businesses often engage in disputes where the outcome involves large amounts of money, misuse of intellectual property, fraud and deceptive trade practices or even complex employee disputes. Individuals may need defense in complex commercial… Read more »
Awards for Native American government contracts to super 8(a) tribal entities and Alaskan Native Corporations (ANC 8a Contracts) have become a serious issue for non-native American contractors. According to a GAO study, federal dollars obligated to tribal 8(a) companies grew from $2.1 billion in fiscal year 2005 to $5.5 billion… Read more »
Protesting the Small Business Administration SBA North American Industry Classification System (NAICs Codes) size standard for a government contract can be tricky when you try to qualify as small. This is especially true when there are differences between the amount of labor required and the overall cost of the contract. How Does… Read more »