Author: Cheryl Adams, Esq. Change orders happen. When you are a government contractor, it helps to understand some basics about change orders before you are issued one. Below are some common questions, and answers, about change orders, along with some tips and traps that you might encounter along the road… Read more »
When filing a government contract claim based upon breach of express contract terms, there is a specific legal analysis that the courts use to validate such claims. When you decide to litigate or appeal the contracting officers’ final decision, be mindful that there is a difference between implied terms of a… Read more »
The US Court of Appeals for the Federal Circuit (CAFC) ruled against the Court of Federal Claims decision on a Request for Equitable Adjustment Claim (REA) against Agility Defense for increased cost under the provisions of FAR 16.503. The Appeals from the Claims Court was due to denial of a government… Read more »
In a recent case, the US Federal Circuit Court of Appeals (CAFC)dismissed a case in part because the Plaintiff could not show privity of contract with the federal government. This is a costly mistake that companies should be aware of when they contemplate filing any type of case related to… Read more »
Brutal Government Contractor Mistake Cause Lost Appeal For Quantum Meruit Claims at COFC. Government contractors often make the costly mistake of performing out of scope work without the expressed written permission of the contracting officer. Many contractors fail at the litigation stage because they do not understand the difference between… Read more »
This decision shows that legal issues when submitting an equitable adjustment can be a nightmare and cause the company to lose out of thousands of dollars. In a recent case, the Armed Services Board of Contract Appeals (ASBCA) ruled that it had no jurisdiction to hear an equitable adjustment case… Read more »
When the government issues a termination of contract for default for default, preserving your rights to appeal is one of the first things that a federal contractor must consider. What are your options? If you want to termination of contract decision to be completely overturned, you may want to ask… Read more »
Even as late as 2016, government contractors are still making costly mistakes when preparing and submitting contract claims against the government. The last thing you need to happen is that when filing an appeal, your case gets dismissed based on the technicality of not meeting the legal requirements for a… Read more »
The McNamara O Hara Contract Act mandates that federal contractors and subcontractors performing services on prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in that specific locality, or the rates (including prospective increases) contained… Read more »
Failure to Follow CDA Claims Filing Requirements Will Get 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 Civilian Board of Contract Appeals (CBCA). However, there are specific procedural rules and activity that… Read more »