After filing a contract claim against the government, you finally receive the bad news from the Agency – a denial of claims. 17% of government contract claims will be denied. In addition, 33.2 % of appeals to the Board shall be dismissed or denied either for lack of jurisdiction or hearing… Read more »
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 »
Analyzing what is a voidable contract is sometimes confusing even sophisticated parties. For example, many recent construction cases involved instances where the contract between the contractor and the government was held by the ASBCA to be a voidable contract given various mistakes made by the contractor. It is important for… Read more »
Contractors that are a party to federal and DOD contracts can assert claims against the federal government. However, there are certain legal requirements to keep the claim intact. Defects in your claims submission can delay or sometimes even completely void the claim. Also, improperly submitted claims can prevent an appellate… Read more »
On December 9, 2014, the Civilian Board of Contract Appeals (“CBCA”) ruled in favor of contractor Kiewit-Turner, after a finding of material breach of contract on the part of the government, allowing Kiewit-Turner to stop work on a VA Hospital being constructed in Aurora, Colorado, which was supposed to be completed in May… Read more »
Government procurement fraud can arise in a variety of situations. A common example occurs during the bidding phase when offerors submit untruthful information in efforts to secure a government contract, or in other situations, to get admitted into a program administered by the Small Business Administration. In the case of… Read more »
As a contractor doing business with the federal government, there is often the question of whether there is a breach of contract claims against the government. Whether the answer is yes or no is left to the court. However, before you reach this phase you must first understand the basics… Read more »
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 »
Government contracting agencies will often have you sign a release of all claims under the contract. Contractors must be careful in understanding what exactly signing a waiver of claims means. Avoid Costly legal mistakes when signing government contract changes that contain release of claims clauses. When bringing a contract claim… Read more »
Contractors often have questions on the types of claims available to them. One claim contractors can assert when trying to recover government breach of contract damages is a superior knowledge claim. The superior knowledge doctrine is based on the idea that where the government had knowledge of information that would affect… Read more »