Contract Termination for Default Process & Appeals

When the government terminates your company for default (otherwise known as termination for cause), understanding your rights and the contract termination process can be crucial to your company’s future. For example, a disastrous mistake many contractors make is not realizing that they must preserve their right to appeal as early… Read more »

T4D FAR Termination for Default Clause in a Contract

Under the  FAR Termination for Default Clause in a contract, the government can exercise its right to completely or partially terminate a contract because of the contractor’s actual or anticipated failure to perform its contractual obligations.  If you can establish that the relevant facts show that the contractor was not in default… Read more »

Termination of Contract for Default Appeals

During a termination for default (also referred to as termination for cause) appeals case, contractors often find themselves facing harsh procedural court rulings that cause them to lose the case. As a party to the appeal, you must prove facts supporting any allegations that you make. Submission on the written record… Read more »

SBA 8(a) Government Contract Procurement Fraud Schemes

A recent SBA 8(a) procurement fraud scheme and corruption case resulted in four retired and one active duty Army National Guard officials pleading guilty for their role in procurement fraud crimes under the SBA 8(a) Program. The result of procurement fraud schemes and corruption ended in the award of millions of dollars in marketing,… Read more »

Breach of Contract Claims Against the Government

As a contractor doing business with the federal government, there is often the question of whether there are breach of contract claims against the government. However, when and how you pursue the breach claim can be tricky and costly when the Contract Disputes Act process is not followed.   Avoiding costly mistakes… Read more »

Superior Knowledge Claim: Government Breach of Contract

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 doctrine of superior knowledge is based on the idea that where the government had knowledge of information that would… Read more »

Construction Breach of Covenant of Good Faith and Fair Dealing

Breach of Good Faith and Fair Dealing Standard In a recent decision, Metcalf Construction Company v. United States, the Federal Circuit appeared to relax the standard needed to find a breach of covenant of good faith and fair dealing with government contracts.  Metcalf involves a construction contract claims between the federal government… Read more »