During the performance of a federal project, a government contractor release of contract claims statement under FAR. requirements can blindside contractors. In good faith, they believe that once the agency gets the benefit of services they will be paid. Cases show that is simply not true. What is a release of… Read more »
Although government contracting can be a lucrative business venture, contract dispute claims resolution with the government can sometimes be daunting and stressful. Oftentimes, businesses believe that they are doing ‘the right thing’ when the Contracting Office Representative orders them to perform extra work. Businesses may also believe that agencies will… Read more »
Federal government construction contractors often lose a considerable amount of money when the contracting officer denies a construction delay claims under the FAR Changes Clause. The first concern is to know whether your claim is actually a compensable claim or not. For example, under FAR construction regulations, all excusable delays will… Read more »
Making sure that your government contract claim appeal is, and can be, heard by the proper body is critical under Board of Contract Appeals ASBCA Rules. If you file an appeal that cannot be heard, you are simply wasting time and money. When the contracting officer issues a final decision,… 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 »
There are often construction delays in government contracting, especially federal government delays in construction contracts for weather conditions, and it is important to understand when these delays may be actionable in court. A government contract delays claim must be submitted in compliance with the Contract Disputes Act. A dispute can occur with… 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 »
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 »
A proposal risk not commonly considered in government contracts is how to avoid price increase claims. While contractors may assume that any unexpected cost increase during performance will be absorbed by the government, this is not always the case. In fact, a common mistake made by contractors during bid submission… Read more »