A common contract payment clause in Colorado construction contracts is “pay when paid construction clauses in government contracts” or “paid-if-paid” clause. The immediate concern for most Colorado construction subcontractors is the impact to their everyday operations when the owner does not pay the prime contractor. The first approach to this… Read more »
When considering total small business set-aside contracts and upcoming opportunities Congress, in an effort to increase its revenues, and to facilitate the mindset that government small businesses set aside program and opportunities contribute immensely to the economy, Congress has established small business goals for each agency to meet. There is no secret that agencies… Read more »
Subcontractor Totality of the Circumstances Affiliation Test In Small Business Size Appeal Litigation at SBA Office of Hearings and Appeals Can be Very Tricky The SBA Office of Hearings and Appeals (SBAOHA) applies the totality of the circumstances test in small business size determination appeals and subcontractor size protests cases… Read more »
Avoid Costly Pitfalls with Your Request for Equitable Adjustment (REA) Under FAR 52.243-1 and REA FAR Changes Clause in Government Contracts What is the FAR Changes Clause? The FAR Changes Clause, also known as the Changes clause, is a standard clause included in U.S. federal government contracts. It is prescribed… Read more »
Contractors often face harsh consequences when filing federal government Contract Disputes Act (CDA) claims against the government. Despite getting the benefit of your work, the contracting officer (CO) will often deny your claim just because the claim itself did not meet the CDA requirements or you did not provide the… Read more »
What is an LLC in Colorado? A Colorado Limited Liability LLC Company means a business structure allowed by Colorado statute. If you are forming a CO LLC you want to ensure that you consult with your state law or business lawyer to understand your responsibilities and legal obligations. Limited Liability Company members must… Read more »
Avoid costly legal mistakes with prime contractor subcontractor in privity of contract relationships in federal procurement. As a subcontractor to federal government procurement, you may often find yourself wondering what is the lack of privity of contract rule for government relationships with subcontractors and why the Contracting Officer, or even… Read more »
Define Breach Potential Before Filing a Lawsuit As a party to a contract, you generally would not get to the issue of remedies unless you first define whether there is a breach. Meeting the definition of breach of contract occurs when one of the parties fail to act or perform according to… Read more »
Theodore P. Watson, Esq. When it comes to the famous limitations on subcontracting rules under FAR 52.219 and 13 CFR 125.6, small businesses find themselves making disastrous mistakes when they use a teaming partner or named subcontractor when bidding on federal government contracts. Many companies lose federal contracts due to… Read more »
When a government contracting agency cancels a contract, you should not directly appeal the Board of Contract Appeals. You must first submit a claim under the Contract Disputes Act (CDA) and then request a final agency decision by the Contracting Officer. Only then does an appeal court have subject matter jurisdiction to… Read more »