When filing a motion for a temporary restraining order (TRO) at the Court of Federal Claims (COFC), government contractors should be aware of the requirements. The Court looks at these motions and meeting requirements for injunction relief pretty seriously. COFC reviews TRO requirements in a motion for injunctive relief as… 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 »
Not understanding the small business set aside subcontracting rules that govern whether or not your company is a similarly situated small business can cost everyone the contract in a small business set aside size protests Theodore P. Watson, Esq. Many small businesses will be faced with dissecting the most recent SBA… 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 »
Import Points With FAR Latent Defects in Construction Federal Contracts The FAR 52.246 latent defect definition in federal government contracting is a hidden defect in the purchased material or the quality of the services (including construction) and worked performed. Latent defects in construction government construction projects for remedial work are common. A… Read more »
The U.S. Court of Appeals for the Federal Circuit in a recent case decided the issue of agency corrective action and how it impacts the pre-award decision and post-award decision process. In this case, the appellant appealed the Court of Federal Claim’s decision that the United States Transportation Command decision to… Read more »
A common dispute arises in federal government contracting as to whether a term extension for a General Services Administration (GSA) Federal Supply Schedule Contract FSS task order constitutes a new contract. The US Court of Appeals for the Federal Circuit ruled on this very issue in a recent case. The… 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 »
When an employee files an EEOC complaint that alleges discrimination, Colorado employers should immediately file an employer EEOC position statement rebuttal. This response is very important for building defenses against discrimination. When your employee files a complaint with the Colorado EEOC, it can investigate you to determine whether there is… Read more »