One of the primary risks facing construction contractors is subsurface or unexpected physical conditions discovered after the work begins (commonly known as a Differing Site Condition).  When such conditions are encountered on a federal government project, contractors need to: (1) properly document the condition, (2) notify the government, and (3) preserve the right to

Contractors intending to submit a Request for Equitable Adjustment or Claim on a government contract need to be aware of the implications of bilateral modifications.

In simple terms, a bilateral modification is a supplement to your company’s contract with the government that is signed by both you and the government.  The agency can use a

It is common for government contractors to file claims on federal projects where there are government-directed changes to the contract that add time or scope.

But what if – instead of adding time and/or scope – the government de-scopes work from the contract by issuing a partial termination?  A recent successful claim shows that the

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

The United States Court of Appeals for the Federal Circuit recently issued an important decision – K-Con Building Systems, Inc. v. United States, Case No. 2014-5062 – that highlights a few important takeaways for all government contractors.

Background

K-Con Building Systems, Inc. (K-Con) entered into a contract to construct a building for the United

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