The COVID-19 pandemic is still costing the country substantial amounts of money without and certainty of guarantees. The end of this pandemic is not yet in site and federal contractors may now wonder whether this situation falls with the context of force majeure clauses, especially in government construction contracts. With… Read more »
Author: Cheryl Adams, Esq. Change orders happen in federal government contracting. 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… Read more »
You Can Lose Your Case on Appeal If You Don’t Understand the Difference Between the Requirement of an Expressed Contract vs Implied Contracts 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… 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 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 a… 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 appellate jurisdiction to hear an equitable adjustment… 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. Making sure that your claim contains the right information, and the required certification and gives the contracting officer reasonable notice of what you want and why, is critical to… Read more »
The McNamara O’Hara Service Contract Act (SCA Government Contracts) mandates that federal contractors and subcontractors performing services on prime contracts in excess of $2,500 must pay service employees in various classes no less than the wage rates and SCA fringe benefits found prevailing in that specific locality, or the rates… Read more »