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 »
One of the most reviewed cases of a federal contractor defense to procurement fraud was Daewoo Eng’g & Constr.Co. v. United States, 73 Fed. Cl. 547, 597 (2006) where the Court of Federal Claims held that Daewoo had committed fraud under the Federal False Claims Act (FCA). The court awarded… Read more »
When submitting or appealing a government contract claim based upon excusable delays or Eichleay damages formula in government claims, contractors have the legal burden to prove their claim. This has been a continuing problem in the various boards of contract appeals. As a result, both large and small businesses lose… Read more »
Avoid Costly Mistakes When Responding to Government Cure Notices That Can Almost Guarantee a Termination for Default Giving the agency a reason to issue a government contract cure notice can put your company at a great disadvantage because chances are that you are on the path to receiving a termination for default…. Read more »
There are often construction delays in government contracting, especially federal government delays in construction contracts for weather conditions, and it is important to understand when these delays may be actionable in court. A government contract delays claim must be submitted in compliance with the Contract Disputes Act. A dispute can occur with… Read more »
If you have performed work for the federal government and looking into the contract claims certification process under 41 USC 601, there are some basic things you should know. Failure to take the government claims process and FAR certification requirements seriously can cost you thousands or even millions in amounts… Read more »
Government construction claims resolution and appeals in federal government contracts have become a nightmare for construction contractors that are filing disputes and appeals or initially submitting claims to the federal government. This is even true for settlement proposals in termination for convenience cases. The COFC or Board of Contract Appeals dismisses… Read more »
Resolve Invoice Problems With the Government in a Cost -Effective Way What is the Prompt Payment Act? The Federal Prompt Payment Act (PPA), 31 USC 3901-3905 is a federal law in the United States that was enacted to ensure that government contractors are paid promptly for their services and goods provided… Read more »