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 »
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 »
Environmental cleanup costs incurred with government contracts can be extremely high when applying Public Law 85-804. It is important to understand when you, as a government contractor, are liable for these costs and when you may be able to recover them from the Federal Government, potentially saving you millions of dollars. Allowable… Read more »
When Do You Qualify for Quantum Meruit Claim Recovery in Federal Government Contract Claims Against the Federal Government? If you have a written contract, this can be a tricky undertaking. Filing quantum meruit claims against the federal government can be confusing to businesses and individuals. Understanding what quantum meruit damages… Read more »
One of the most reviewed cases of a federal contractor defense to procurement fraud was Daewoo Eng’g & Constr.Co. v. United States, 73 Fed. Cl. 547, 597 (2006) where the Court of Federal Claims held that Daewoo had committed fraud under the Federal False Claims Act (FCA). The court awarded… 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 »
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 »
Anti Kickback Statute Resolving Challenges of Fraud and Penalties The Federal Anti-Kickback Statute, cf. 42 USC1320a-7b(b), is a criminal law making it a felony to knowingly and willfully offer, pay, solicit, or receive remuneration, directly or indirectly, in order to induce business that is reimbursable under any federal healthcare program,… Read more »
Resolve Invoice Problems With the Government in a Cost -Effective Way What is the Prompt Payment Act? The Federal Prompt Payment Act (PPA), 31 USC 3901-3905 is a federal law in the United States that was enacted to ensure that government contractors are paid promptly for their services and goods provided… Read more »