Aron C. Beezley and Owen E. Salyers | GovCon Source Federal contractors frequently encounter circumstances that increase costs, delay performance, or otherwise impact contract obligations. Changes in government requirements, differing site conditions, defective specifications, government-caused delays, and other unforeseen events can create significant financial and operational consequences. When these issues arise, contractors generally have two… Continue reading REAs vs. Claims: A Government Contractor’s Guide to Choosing the Best Path
Tag: Contract Disputes Act
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