During a termination for default (also referred to as termination for cause) appeals case, contractors often find themselves facing harsh procedural court rulings that cause them to lose the case.
As a party to the appeal, you must prove facts supporting any allegations that you make. Submission on the written record “does not relieve the parties from the necessity of proving the facts supporting their allegations or defenses.”
The court on appeal can make inferences from submitted evidence and either accept or deny the probative value of documents, statements or other extrinsic evidence.
Termination for cause appeals must also include evidence that must establish by a preponderance of the evidence that you are entitled to relief. This is often a problem during litigation for contractors seeking to overturn a termination of contract for default.
Failure to Provide Evidence That Supports Termination of Contract for Default Appeals can Get Your Case Denied
Government contractors that represent themselves run the risk of getting their appeal denied when they do not provide sufficient evidence during litigation.
- Your burden of proof is heavily scrutinized by the court.
- A claimant’s failure to present affidavits of sufficiently clear and probative documentary evidence will almost surely result in denial of its appeal.
- The mere allegation in an affidavit without additional explanatory facts or outside substantiation will not necessarily be sufficient to carry the burden of proof.
Evidence of Excusable Delays In Government Termination for Default Cases
When contractors attempt to use a defense of excusable delays, severe weather, defective drawings and specifications to overturn the government termination for default decision, you should at least submit some kind of kind of schedule analysis showing how specific delays impacted overall contract completion.
In a termination of contract for default case, to prove that excusable delays actually impacted timely contract completion, government contractors should to identify the “critical path” of contract performance and demonstrate how excusable delays, by affecting activities on the contract’s “critical path,” actually impacted the contractor’s ability to finish the contract on time.
These are all commonly-missed requirements in termination for default appeals cases. See additional information about the termination for default clause.
If you are thinking about appealing the government decision to terminate your contract for cause, call our termination for default attorneys at 1-866-601-5518.