Civilian Board of Contract Appeals

When a contractor delivers goods to the government that do not conform to the precise requirements of the contract, the results are usually . . . not goodWhen the agency specifies certain products in the contract, the contractor should plan to satisfy the exact specifications (or prepare to suffer the consequences).

Do contractors need to wait for a project to be complete to file a delay claim? The answer is a resounding NO! There is no reason for a contractor to finance a government-caused delay for any longer than absolutely necessary.

The Civilian Board of Contract Appeals (CBCA) recently drove this point home in CTA I,

Government contractors are frequently faced with the situation where they are owed additional time or are entitled to damages from the government on a contract.  For example, the government might be responsible for delays to the project schedule.  Or it might direct changes to the contract that make it more expensive to perform.

There

Today, we have a question for our federal construction readers — If your project is operating within an anticipated budget, are you still entitled to the additional costs associated with a differing site condition?  Recently, the Civilian Board of Contract Appeals (CBCA) answered our question with a resounding yes.

This point is particularly important

After filing a claim under the Contract Disputes Act (CDA), the contracting officer may notify you that a final decision will be issued within “X” days after certain pre-conditions are met, such as:

  • Providing additional documentation supporting your claims or damages;
  • Attending a meeting to discuss your claims; or
  • Answering certain question allegedly required for

Everyone knows the old adage about a tree falling in the woods that makes a sound (or does it?).  Recently, we’ve had to consider a similar question about a contractor’s claim certification under the Contract Disputes Act.  If a certification is made, but later lost, does it still count? 

In a word:  No.

Contractors submitting

Bottom Line Up Front:  It is hard to get through a large-scale construction project without hitting a bump in the road in the form of dispute between the owner, general / prime contractor, subcontractors, suppliers, sureties, and so on.  Construction projects have tight deadlines and multiple moving parts, which tends to breed costly and time-consuming