What is Apparent Authority In Government Contracts?

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). Without a clear understanding of the basic rules, apparent authority arguments can have brutal impacts to a contractor claims against the government. Appellate… Read more »

CDA Government Payment for Interest for Contract Claims

Under Section 12 of the Contract Disputes Act (CDA), government interest payments for CDA claims starts from the time the contracting officer receives the claim to the date of payment. However, you must be aware of lump-sum settlement agreements that fail to address interest. Contract Disputes Act Claim Required: Before you start analyzing… Read more »

Government Contract Quantum Claims & Cost Escalation Claims Clause

 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 Government Specifications & Construction Defect Claims

When arguing or negotiating construction defect claims for defective government 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… Read more »

Claims Against the Federal Government – Understanding the Basics

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 »