When submitting construction contract claims against the Federal Government, or any service contract disputes, there are unique and dangerous rules and regulations that unaware companies. There is a common legal practice that many construction companies should be aware of. It is called preserving your right for a potential appeal…. Read more »
Recently, many contractors have questions about the grounds supporting a termination for default letter. When seeking to appeal default termination, the evidence, procedure, and how the court decides a case is essential to the litigation strategy. For example, when looking at the Termination for Default clause (T4D) of the contract,… Read more »
Breach of Duty Good Faith and Fair Dealings 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 the expressed covenants of good faith and fair dealing with government contracts. Government contractors seeking to litigate… Read more »
When submitting or appealing a government contract claim based upon excusable delays or Eichleay damages formula in government claims, contractors have the legal burden to prove their claim. This has been a continuing problem in the various boards of contract appeals. As a result, both large and small businesses lose… Read more »
When faced with termination for default appeals, courts deciding government contract cases understand that a default termination is “a drastic sanction which should be imposed … only for good grounds and on solid evidence.” This was the decision on J.D.Hedin Construction Co. v. United States, 408 F.2d 424, 431 (Ct. Cl. 1969)…. Read more »
Government construction claims resolution and appeals in federal government contracts have become a nightmare for construction contractors that are filing disputes and appeals or initially submitting claims to the federal government. This is even true for settlement proposals in termination for convenience cases. The COFC or Board of Contract Appeals dismisses… Read more »
A common problem under the Contract Disputes Act of 1978 (CDA) when the subcontractor engages in a subcontract with the General Contractor seeking pass through rights in the event of a claim against the federal government. Understanding the various levels of disputes is critical to how subcontractors should proceed. Subcontractor… Read more »
Avoid Getting Your Case Dismissed on Appeal. A contracting officer’s final decision in federal government contracting carries a lot of weight. For example, a contracting officer is the final authority for approving or denying construction claims or requests for equitable adjustments. Small business contractor lawyers and non-government contracting attorneys often… Read more »
For government contractors, there are two primary mechanisms to address disputes related to federal government contracts: filing a government protest and filing a Contract Disputes Act (CDA) claim. While both processes aim to resolve disputes related to government contracts, they are distinct and differ in their procedures and outcomes. When… Read more »
Oftentimes, a government contracts construction claims appeal is dismissed on appeal for lack of jurisdiction by the court. This can cost you a substantial amount of litigation fees only to find out that your case is dismissed on a technicality. To avoid such a peril, your must understand the basics when it… Read more »