Miller Act Pay If Paid Clause & Independent Contractor Clauses

Avoid Costly  Legal Mistakes With Miller Act Pay When Paid Clause In Your Independent Contractor Agreement Government construction contractors can quickly find themselves in a dispute when applying the Miller Act pay if paid clause. This tool is often used to shield prime contractors from paying their subs when the agency… Read more »

Federal Differing Site Conditions Claims FAR 52.236-2

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 »

Government Contract Quantum Claims & Escalation in Construction Contracts

 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 »

Government Claims CDA Certification Requirements

Contract Disputes Act (CDA), 41 USC 7101–7109 and CDA 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… Read more »

Requests for Equitable Adjustment Documentation

 Submitting your documentation of Requests for Equitable Adjustment (REA) also means having understanding of the statutory requirements. This can be critical to getting an approval from the federal government and getting paid. There is an enormous amount of information that should be included to validate your request. Failure to submit a legally sufficient… Read more »

Government’s Unlawful Termination of Contract for Default

 Government contractors may find themselves dealing with a unlawful termination of contract for default on a federal construction project. Although it is clear that something is wrong with the termination action, many construction companies are not familiar enough with the underlying regulations that govern terminations for default. Therefore, the decision whether or… Read more »

Defective Specifications & Construction Defect Contract Claims

When arguing or negotiating construction defect claims for defective specifications in federal government contract claims, companies must show that such defective specifications are not suitable for producing the required result. These are very fact specific situations that must be first introduced at the Agency level. Contractors often make the costly mistake of introducing new… Read more »