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: Request for Equitable Adjustment
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
Govt’s Failure to Grant REA Can Constitute Breach of Contract
Aron C. Beezley and Sarah Sutton Osborne | Buildsmart The U.S. Court of Appeals for the Federal Circuit, in BGT Holdings LLC v. United States, recently held that the government does not have the discretion to deny a contractor’s request for equitable adjustment (REA) under Federal Acquisition Regulation (FAR) 52.245-1 (Government Property) where the conditions specified… Continue reading Govt’s Failure to Grant REA Can Constitute Breach of Contract
Recovery of Legal Fees and Consultants’ Expenses in REAs
G. Scott Walters – December 18, 2012 Change Happens One constant on most construction projects is change. Most construction contracts contain a specific clause (or clauses) discussing procedures and requirements that the project participants should follow in order to address these changes. Changes clauses are found in standard industry construction contracts, private construction contracts, and… Continue reading Recovery of Legal Fees and Consultants’ Expenses in REAs