Federal Breach of Good Faith Contracts and Duty of Fair Dealing

Avoid Landmines When Asserting Breach of Good Faith Contracts Government contractors often struggle with the next steps when the agency does act fairly in providing accurate CPARS ratings. The government sometimes refers to the expressed contract clauses during litigation in order to eliminate any other contract remedies to businesses that… Read more »

Government Claims and Supporting Documentation

When it comes to government claims and supporting documentation to validate the claim, contractors are often faced with repetitive demands from the agency for receipts and other data to justify the submitted claim. Such frustration can also cause companies to make costly legal mistakes. Meeting the Legal Requirements of Government Claims… Read more »

FAR Disputes Clause & CDA Government Contract Claims Certification Language

The FAR Disputes Clause in government contracts is incorporated into your contract, FAR 52.233-1, implements the Contract Disputes Act (CDA) certification requirement and prescribes limited government claims CDA certification language when you submit a contract claim against the federal government. Many cases are tried on the legal issues and not the merits…. Read more »

Overcoming Government Contractor Release of Claims Hurdles

During the performance of a federal project, a government contract release of contract claims statement can blindside contractors. In good faith, they believe that once the agency gets the benefit of services that they will be paid. Unfortunately, many appeals at the various boards of contract appeal show that release of… Read more »

Equitable Subrogation and Miller Act Claims

When filing claims against the government, under the theory of equitable subrogation, there are some tricky rules of law in place. For example, in a recent Court of Federal Claims case, Fidelity and Guaranty Insurance Underwriters, et al. v. United States, No. 14-84 C (Nov. 19, 2014), the court ruled that under… Read more »

Claims Against the Federal Government – Understanding the Basics

Contractors that are a party to federal and DOD contracts can assert claims against the federal government. However, there are certain legal requirements to keep the claim intact. Defects in your claims submission can delay or sometimes even completely void the claim. Also, improperly submitted claims can prevent an appellate… Read more »

Quantum Meruit Recovery & Federal Government Contracts

When Do You Qualify for Quantum Meruit Contract Claims Against the Federal Government? Filing quantum meruit claims against the federal government can be confusing to businesses and individuals. Understanding what quantum meruit recovery damages are available to you under contract claims against the federal government is important.  Quantum meruit claims… Read more »