When submitting or appealing a government contract claim based upon excusable delays or Eichleay 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 out… Read more »
Avoid Costly Mistakes When Responding to Government Cure Notices That Can Almost Guarantee a Termination for Default If you do not adequately respond to a government contract notice to cure, your company could be at a great disadvantage because you are likely to receive a termination for default. In other words, although… 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 »
Keep A Record of All Oustanding Claims Invoices Seeking Payment From The Federal Government When seeking payment for an outstanding claim invoice or claims from the federal government, you want to keep a copy of all invoices submitted. This is especially true for invoices over $100,000.00. Small businesses and large… Read more »
There are often construction delays in government contracting, especially federal government delays in construction contracts for weather conditions, and it is important to understand when these delays may be actionable in court. A government contract delays claim must be submitted in compliance with the Contract Disputes Act. A dispute can occur with… Read more »
If you have performed work for the federal government and looking into the contract claims certification process under 41 USC 601, there are some basic things you should know. Failure to take the government claims process and FAR certification requirements seriously can cost you thousands or even millions in amounts… Read more »
The federal government’s oversight of contract compliance and other factors leading to the suspension and debarment of government contractors have increased dramatically over the past few years. Staying off the debarment list means knowing what gets you into trouble and what being a responsible contractor means. Suspension and Debarment actions… 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 »