Equitable Subrogation and Miller Act Claims

When filing claims against the government, under the theory of equitable subrogation, there are some tricky rules of law in place. For example, in a recent Court of Federal Claims case, Fidelity and Guaranty Insurance Underwriters, et al. v. United States, No. 14-84 C (Nov. 19, 2014), the court ruled that under… Read more »

Advantages of a Partnership

When you consider the advantages of a partnership, a business can actually gain a stronger footing in overall business operations. Although the decision to form a business partnership has its pros and cons, the result can be a great benefit. The common fear for all start-up businesses is whether the… Read more »

Strategic Alliance Small Business Joint Ventures

Small businesses continue to use joint ventures as a strategic alliance to get larger government contracts.  There are various advantages and disadvantages of forming venture relationships. There are also specific rules that govern these alliances. Yet  small businesses continue to lose larger contracts due to increasing amounts of small business size… Read more »

Filing a Contract Claim Appeal Against the Government

After filing a contract claim against the government, you finally receive the bad news from the Agency – a denial of claims.  17% of contract claim against the government will be denied. In addition, 33.2 % of appeals to the Board shall be dismissed or denied either for lack of jurisdiction… Read more »

Prompt Payment Act – Government Construction Contracts

Being subject to the Federal Prompt Payment Act, 31 USC 3901-3905 (the “PPA” or “Act”) for government construction projects puts business owners in a financial strain when the government does not pay invoices on time.  The Act was enacted to facilitate early payment to contractors when work is timely performed… Read more »

What is a Business Partnership?

A partnership in business is the relationship formed between two or more persons who carry on a business or trade for a profit. A complete definition of a partnership agreement is determined on a state by state basis within the state statutes. Regardless of whether you have a business partnership agreement in place,… Read more »

Breach of Contract Claims Against the Federal Government

As a contractor doing business with the federal government, there is often the question of whether there is 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 »

Federal Unilateral and Mutual Mistake Contract Disputes

Contractors can claim mistake of fact in bid claims against the federal government.  When arguing that there was a mistake in bid, a contractor can either raise a mutual mistake of fact (both contractor and government made a mistake in drafting the agreement) or unilateral mistake of fact (contractor mistake)… Read more »