When the federal government awards a contract, the Termination for Default Clause acts to the agency’s advantage in the end.When contractors attempt the appeal the agency’s contract termination for cause action, there are specific rules you must be aware of. One of them is paying damages to the government for… Read more »
Theodore P. Watson, Government Contracts Attorney. Termination for default cases on appeal often fails. The general reason for such a failure rate is because of your response to a show cause letter in government contracting. Another reason is that your response to FAR cure notice or some version of a letter… Read more »
On December 9, 2014, the Civilian Board of Contract Appeals (“CBCA”) ruled in favor of contractor Kiewit-Turner, after a finding of material breach of contract on the part of the government, allowing Kiewit-Turner to stop work on a VA Hospital being constructed in Aurora, Colorado, which was supposed to be completed in May… Read more »
Government procurement fraud can arise in a variety of situations. A common example occurs during the bidding phase when offerors submit untruthful information in efforts to secure a government contract, or in other situations, to get admitted into a program administered by the Small Business Administration. In the case of… Read more »
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 superior knowledge doctrine is based on the idea that where the government had knowledge of information that would affect… Read more »
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 »
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 cure notice, your company could be at a great disadvantage because you are likely to receive a termination for default. In other words, although the… 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 »
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 »