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 it comes to the Federal Acquisition Regulation (“FAR”) Mandatory Disclosure Rules (MDR) under FAR 52.203-13 and FAR 52.203 3 many DOD contractors wonder what they must disclose to the government after the contract award has been awarded the contract, if anything. Before they can figure it out, many often find… Read more »
Given the increase in government contract and procurement fraud activity, in 2006, the National contract government procurement Fraud Task Force was formed to promote the early detection, identification, prevention, and prosecution of procurement contract fraud. Government contractors are more exposed to investigations and are finding themselves facing more criminal charges and jail… 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 »
There are subtle differences between the government contract termination for convenience vs termination for default clause in federal government contracts decisions. Contractors who incorrectly respond to termination by default or cause quickly find the painful and subtle differences, especially at the appeals stage. The same is true when the… 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 »
Meeting the Material Breach Definition is Essential to Winning Your Case The material breach of contract definition is one that goes directly to the crust of the agreement. When there is a dispute, and you are bringing a claim, then is the time to claim that the alleged breach was… Read more »
Many contractors often ask what is a latent defect (patent vs latent)? Knowing the answer is essential to your decision on whether or not to litigate the dispute. A patent defect and latent defect situation on government contracts can severely impact the cost of performance both for the agency and… Read more »
Problem: Having an internal control policy can save you headaches and stress as a business entity and as a government contractor. If you are a federal contractor, FAR regulations require you to have written codes of ethics. Sometimes Congress may request an agency to review a major contractor’s internal control policy. Issues… Read more »
In 2008, under FAR 52.203-13, “Contractor Code of Conduct and Business Ethics and Conduct” – the clause promulgated that appears in all Federal prime contracts that exceed $5 million and have a period of performance of 120 days or more and is required to be included in subcontracts of that dollar… Read more »