Join me today, Monday July 15, 2019 at 3:00 p.m. (Eastern) for Lawline’s Live Course: KEY QUESTIONS OF CONTRACT INTERPRETATION IN GOVERNMENT CONTRACTS.
During the 90-minute course, I’ll cover the key principles of contract interpretation as they relate to government contracting. To take best take advantage our my limited time and maximize value for
Recently on the blog, I covered one of the major risks encountered by construction contractors – subsurface or unexpected physical conditions discovered after the work begins (commonly known as Differing Site Conditions under Federal Acquisition Regulation (FAR) 52.236-2).
In that post, I explained that a government contractor that uncovers a Differing Site Condition on a
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,
The Contract Disputes Act (CDA) provides a remedy for contractors seeking to recover additional time or costs on a government contract (as part of a Claim or Request for Equitable Adjustment). But when the basis for recovery is tied up in a contract modification, contractors must beware the agency’s standard waiver language – or
Understanding claims under the Contract Disputes Act is an essential skill for government contractors. Claims (and related requests for equitable adjustment) are by far the most common remedy for contractors seeking to recover additional time and/or costs from the agency administering the contract.
Part of understanding the claims process is appreciating what kind of
For federal contractors, it is not an exaggeration to say that performance evaluations are the lifeblood of the business. A less-than-satisfactory evaluation in the Contractor Performance Assessment Reporting System (CPARS) affects far more than just the agency’s assessment of performance on a particular project. A negative evaluation follows a contractor around – impacting the ability
Contractors seeking to recover additional time and/or costs on government contracts typically choose to proceed with either a Request for Equitable Adjustment (REA) or a Claim. These remedies fall under the general umbrella of the Disputes clause (FAR 52.233-1).
Often times, REAs and Claims can be a study in contrasts. From a procedural perspective,
The contractual duty of “good faith and fair dealing” is well established in private contracts. Depending on your jurisdiction, there is very likely either a formal or an informal rule that parties to a contract must deal with each other honestly and in good faith. This is (usually) not a written contract term
Government contractors must be prepared to perform their Federal contracts – even in the face of a dispute with the government over essential contract terms. Failing to perform can have devastating consequences, including default termination.
In a recent case before the Armed Services Board of Contract Appeals, the Board considered a U.S. Army Corps of
Government contractors need to be conscious of the paperwork they sign on Federal contracts. Signing a waiver or release of claims at any point during a project can result in a lost opportunity to recover damages – even if the event giving rise to those damages was already discussed in detail with the Contracting Officer.