You Can Lose Your Case on Appeal If You Don’t Understand the Difference Between the Requirement of an Expressed Contract vs Implied Contracts When filing a government contract claim based upon breach of express contract terms, there is a specific legal analysis that the courts use to validate such claims. When… Read more »
When filing an appeal from a contracting officer’s final decision denying a demand for payment under the Contract Disputes Act of 1978 (CDA), 41 USC 7101-7109, in order for the appeals court to hear your case, it must have jurisdiction to hear it. A common mistake made by government… Read more »
Under Section 12 of the Contract Disputes Act (CDA), government interest payments for CDA claims starts from the time the contracting Contract Disputes Act Interest Rates The rate of government interest payments for CDA claims is established by the Secretary of the Treasury. The interest rate generally changes every six months. This… 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 »
As a contractor doing business with the federal government, there is often the question of whether there is a breach of contract claims against the government. Whether the answer is yes or no is left to the court. However, before you reach this phase you must first understand the basics… Read more »
Contractors can claim mistake of fact in bid claims against the federal government. When arguing that there was a mistake in bid, a contractor can either raise a mutual mistake of fact (both contractor and government made a mistake in drafting the agreement) or unilateral mistake of fact (contractor mistake)… Read more »
Indulging in Federal construction contracts can be very lucrative in the federal procurement world. However, the risk of non-performance is definitely present and any federal construction contracting company must approach projects with caution. As a contractor, you should be aware that you are dealing with an extremely large client with a… Read more »
When looking at the government contract process for submitting claims, or you decide to file claims against the federal government, there are certain best practices and approaches that you must adhere to. Failure to follow them can tempt the Contracting Officer (CO) to try to negotiate the actual amount downwards or it… Read more »
When a government contracting agency cancels a contract, you should not directly appeal the Board of Contract Appeals. You must first submit a claim under the Contract Disputes Act (CDA) and then request a final agency decision by the Contracting Officer. Only then does an appeal court have subject matter jurisdiction to… Read more »
How to File a Claim on a Government Contract and Protect Your Rights for a Potential Appeal Did you know that you should file a claim against the government with the contracting officer before filing an appeal with the Armed Services Board of Contract Appeals? The formal dispute resolution process… Read more »