When submitting contractor claims to the federal government, businesses should be aware of the Contracting Officer authority to issue a final decision. 48 CFR 1.603 suggests that although the CO is appointed on a Standard Form 1402. Any limitations on the Contracting Officer authority must be stated on the form… Read more »
Failure to Follow CDA Claims Filing Requirements Will Get the Appeal Dismissed If the Contracting Officer issues a final decision denying your contract claim against the government, you have rights to appeal the decision to the US Civilian Board of Contract Appeals (CBCA). However, there are specific rules of procedure… Read more »
In a recent case, a government contracting agency won on its motion to dismiss an appeal under the Contract Disputes Act because the claim was essential a request for routine payment. Businesses must be aware of the dangerous problem because it can impair the court’s jurisdiction to hear the appeal… Read more »
Government contractors often find themselves in a precarious position when they file a request for equitable adjustment (Government REA Contracting Act) but later made the argument that it meets the requirements of a Contract Disputes Act claim. Understanding the applicable laws can save contractors thousands in attorney fees when seeking… Read more »
Varying Surety Bond Requirements Take Different Legal Paths to Resolve Avoid Costly Legal Mistakes. Given the amount of construction in federal government construction contracts, there are provisions that allow for large contractors and DOD small businesses to secure projects. There are various federal surety bond requirements that must be met…. Read more »
In government contracting, there are harsh rules about apparent authority. The issues usually arise when contractors follow directions of Program Managers and Contracting Officer Technical Representatives (COTR). Knowing the difference between actual and apparent authority can help you develop a better strategy when filing a contract claim against the government. Without… Read more »
Under Section 12 of the Contract Disputes Act (CDA), government interest payments for CDA claims starts from the time the contracting Contract Disputes Act Interest Rates The rate of government interest payments for CDA claims is established by the Secretary of the Treasury. The interest rate generally changes every six months. This… Read more »
Knowing the Different Types of Unforeseen Differing Site Condition Claims Under FAR 52.236-2 Can Help You Get Paid Faster When submitting claims against the federal government for additional costs on the project site, or litigating in appeal cases involving differing site condition claims in government construction contracts, companies, quickly find out that… Read more »
When it comes to the recoverability of Government Contract cost escalation claims and damages, construction contractors or businesses involved in services can find themselves at odds when submitting quantum damages claims against the federal government. In response to the demand, the government might even argue on appeal that, as a matter of… Read more »
Contract Disputes Act (CDA), 41 USC 7101–7109 and certification requirements for government contract claims certification are a must when submitting contract claims against the government. All claims over $100K must have the proper certification. Failure to meet this requirement can cause legal headaches later in the process. For example, the Armed… Read more »