SBA OIG and Other Investigations Agencies Have Stepped Up Procurement Fraud Cases for 8a Government Contracts The Eastern District Court bought the gravel down on two federal contractor executives for SBA 8a small business fraud and abused the Small Business Administration’s (SBA) 8a contracting program to obtain more than $31 million… Read more »
In government construction contracting, a general contractor often litigates contract disputes about construction scope of work changes but often finds out after thousands in litigation costs, that it has either failed to follow FAR procedure or took a substandard technical approach to get paid. For large federal projects, the risk of… Read more »
Analyzing what is a voidable contract is sometimes confusing even sophisticated parties. For example, many recent construction cases involved instances where the contract between the contractor and the government was held by the ASBCA to be a voidable contract given various mistakes made by the contractor. It is important for… Read more »
Although it is relatively easy to qualify, small businesses often find themselves in adverse situations when a competitor challenges their NAICS SBA size standards under 13 CFR Part 121 for certain industries. When an SBA bid protest is filed, the SBA then conducts an investigation and then makes a formal… Read more »
When submitting construction contract claims against the Federal Government, or any service contract disputes, there are unique and dangerous rules and regulations that unaware companies. There is a common legal practice that many construction companies should be aware of. It is called preserving your right for a potential appeal…. Read more »
When Do You Qualify for Quantum Meruit 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 are… Read more »
Breach of Duty Good Faith and Fair Dealings Standard In a recent decision, Metcalf Construction Company v. United States, the Federal Circuit appeared to relax the standard needed to find a breach of the expressed covenants of good faith and fair dealing with government contracts. Government contractors seeking to litigate… Read more »
When faced with termination for default appeals, courts deciding government contract cases understand that a default termination is “a drastic sanction which should be imposed … only for good grounds and on solid evidence.” This was the decision on J.D.Hedin Construction Co. v. United States, 408 F.2d 424, 431 (Ct. Cl. 1969)…. 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 »