The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims

Marcos R. Gonzalez | ConsensusDocs The Boards of Contract Appeals, Court of Federal Claims, and the Federal Circuit have long held that the elements of a claim under the Contract Disputes Act (“CDA”) to be jurisdictional. Those requirements are as follows: (a) Claims generally.– (1) Submission of contractor’s claims to contracting officer.–Each claim by a… Continue reading The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims

Breach of Duty of Good Faith and Fair Dealing Packaged with Contract Disputes Act Claim

David Adelstein | Florida Construction Legal Updates An interesting opinion on a motion to dismiss came out of the United States Court of Federal Claims dealing with the claim that the government breached its duty of good faith and fair dealing in administering the prime contract.  The contractor’s argument was that the government breached its duty of… Continue reading Breach of Duty of Good Faith and Fair Dealing Packaged with Contract Disputes Act Claim

When a Request for Equitable Adjustment Should be Treated as a Claim Under the Contract Disputes Act

David Adelstein | Florida Construction Legal Updates In federal contracting, contractors are sometimes torn about submitting a request for equitable adjustment (known as an “REA” under 48 C.F.R. 252.243-7002) or submitting a formal claim under the Contract Disputes Act (41 U.S.C. s. 7103), the latter requiring a final decision by the contracting officer and starts the clock with respect to interest… Continue reading When a Request for Equitable Adjustment Should be Treated as a Claim Under the Contract Disputes Act

Miller Act Suit Stayed until CDA Remedies Exhausted

Aron Beezley, Amandeep Kahlon and Douglas Patin | Buildsmart A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements on federal projects and sets forth remedies against the bond for subcontractors, vendors,… Continue reading Miller Act Suit Stayed until CDA Remedies Exhausted

The Little Tucker Act Is Alive and Well

Patrick R. Quigley and Lee-Ann C. Brown | Buildsmart Most government contract lawyers are already familiar with the Tucker Act (28 U.S.C. § 1491), which gives the U.S. Court of Federal Claims jurisdiction over many non-tort claims against the United States, including contract disputes, Fifth Amendment takings, tax refunds, and other matters. But another Tucker Act… Continue reading The Little Tucker Act Is Alive and Well

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