Most government contracts include a Changes clause (notably, FAR 52.243-1), which grants the Government the right to order changes to the scope of the contractor’s work. That clause also entitles
Continue Reading Lesson Learned: Board Holds that Only the Contracting Officer Can Bind the GovernmentCertified Claim
CDA Claim Series Wrap Up: Best Practices for Government Contactors
By Nicholas T. Solosky on
This is the eighth (and last) of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to…
Continue Reading CDA Claim Series Wrap Up: Best Practices for Government ContactorsChallenging CPARS Performance Evaluations through the Contract Disputes Act
By Nicholas T. Solosky on
This is the seventh of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors…
Continue Reading Challenging CPARS Performance Evaluations through the Contract Disputes ActPractical Litigation Strategies for CDA Claims
By Nicholas T. Solosky on
This is the third of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors…
Continue Reading Practical Litigation Strategies for CDA ClaimsCOFC Highlights Importance of Proving Damages in CDA Claims
By Nicholas T. Solosky on
Contract Disputes Act (CDA) claims offer Government Contractors the opportunity to recover costs incurred due to Government-caused changes or delays. While the initial focus often rests on proving liability, a…
Continue Reading COFC Highlights Importance of Proving Damages in CDA Claims
Accept No Imitations: Contractor Cannot Recover for Claim Based on Brand Name Products
By Nicholas T. Solosky on
When a contractor delivers goods to the government that do not conform to the precise requirements of the contract, the results are usually . . . not good. When …
Continue Reading Accept No Imitations: Contractor Cannot Recover for Claim Based on Brand Name Products
ASBCA Offers Latest Reminder that Plain Language Controls Government Contract Interpretation
By Nicholas T. Solosky on
Two weeks ago, I presented on Common Issues in Government Contract Interpretation. The course examined common issues encountered by government contractors in bidding on and performing government contracts –…
Continue Reading ASBCA Offers Latest Reminder that Plain Language Controls Government Contract Interpretation
New COFC Decision Highlights Danger of Contract Modifications on CDA Claims
By Nicholas T. Solosky on
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 …
Continue Reading New COFC Decision Highlights Danger of Contract Modifications on CDA Claims
Litigation Update: Contractor Not Entitled to Delay Costs Based on Access to Information Included in its Contract
By Nicholas T. Solosky on
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…
Continue Reading Litigation Update: Contractor Not Entitled to Delay Costs Based on Access to Information Included in its Contract
CPARS Challenge Primer: Formal Claim Required to Appeal Negative Performance Evaluation
By Nicholas T. Solosky on
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)…
Continue Reading CPARS Challenge Primer: Formal Claim Required to Appeal Negative Performance Evaluation