Federal Procurement Dispute and Contract Law Lawyers Helping With Appealing, Preparing and Defending Government Contract Claims in All States.
In the last three years, government Contract Disputes Act (CDA) appeal decisions at the Armed Services Board of Contract Appeals (ASBCA) and Civilian Board of Contract Appeals (CBCA) have increasingly resulted in government contractors losing thousands. This was primarily due to failure to adequately protect their rights to appeal at the contract claims submission and contracting officer level.
Understanding the basics when submitting a contractor claim against the federal government can save you thousands in litigation costs. The best way to stand a chance of getting paid from the government is to always keep the contracting officer in the loop. Why is this?
About 30 % of contract claims get denied on appeal because the contract took its directions from the COR and not the contracting officer. Understanding what is and is not a contracting officer’s final decision can also save embarrassment at the appeal level. Without a valid contracting officer’s final decision, the appeals court has no jurisdiction to hear your case.
We help contractors avoid costly legal mistakes: The Watson contract law firm provides each client personalized legal advice and representation to companies in virtually all states. Our goal is to provide reliable legal advice to clients from various industries when litigating contract claims against the federal government.
Government Contract Claims, Disputes & Appeals Services
For experienced federal contract claims and dispute resolution, call 1-866-601-5518 for a FREE Initial Consultation.
With over 30 years of combined experience in federal procurement, and with law offices in Washington, DC and Colorado, at Watson & Associates, LLC a government contract dispute lawyer will aggressively help small businesses and large DOD contractors. We have also achieved favorable outcomes for our clients.
What are the basic requirements for submitting government contract claims?
Under FAR 33.206 contract law, initiation of a contractual claim, you have to submit your claim to the contracting officer for a decision within 6 years after accrual of a claim, unless the contracting parties agreed to a shorter time period. This 6-year government contract claims statute of limitations does not apply to government contracts awarded prior to October 1, 1995. The contracting officer shall document the contract file with evidence of the date of receipt of any submission from the contractor deemed to be a claim by the contracting officer.
The term “claim” is defined in the FAR as “a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain.” FAR 2.101 (2006). A claim not requesting a sum certain must ask for another form of relief. The CDA mandates that all contract claims against the federal government shall be in writing and shall be submitted to the contracting officer for a decision. Section 605(a).
Under procurement rules of contract law, your claim does not have to be submitted in any particular form or use any particular wording. All that is required is that the contractor submits in writing to the contracting officer a clear and unequivocal statement that gives the contracting officer adequate notice of the basis and amount of the claim.
Companies should be aware that the government could try to throw your claim out for not meet the Contract Disputes Act requirements. Also, contractors should be aware of the release of claims in a government contract.
When does the government have to respond?
The contracting officer shall issue a written decision on any Government claim initiated against a contractor within 6 years after accrual of the claim, unless the contracting parties agreed to a shorter time period. The government contract claims statute of limitations shall not apply to contracts awarded prior to October 1, 1995, or to a Government claim based on a contractor claim involving fraud.
Decision for government claim of $100,000 or less. A contracting officer shall issue a decision on any submitted claim of $100,000 or less within 60 days from the contracting officer’s receipt of a written request from the contractor that a decision be rendered within that period.
Decision for contractor claim of more than $100,000. A contracting officer shall, within 60 days of receipt of a submitted certified claim over $100,000—issue a decision; or notify the contractor of the time within which a decision will be issued.
Avoid Getting Your Case Dismissed at ASBCA, CBCA or Court of Federal Claims
As government contractors continue to handle contract claims against the federal government pro se, both the ASBCA and CBCA will continue to dismiss more contract dispute appeal cases. As a result, companies lose out on hundreds of thousands of dollars in what could have been government claims.
REA Contracting – Requests for Equitable Adjustment — Government Contract Dispute Resolution
Although requests for equitable adjustments are not automatically contract claims under the CDA, how your prepare your equitable adjustment request can make it easier to later convert into a compliant CDA claim. Having a government contractor claim lawyer to prepare a sound and supported government claims can save time and prevent costly errors.
Contract Law Help for small businesses and large DOD contractors
At Watson & Associates, our government contract dispute resolution lawyers and CDA claims appeal attorneys often represent small business and large DOD contractors with construction contract law disputes. We understand that submitting construction claims against the federal government and be tricky and that the facts of each case are critical to the outcome. A government claims and contract dispute lawyer at our firm can assist with constructive changes, scope of work changes, requests for equitable adjustment, differing site condition claims, government contract claims statute of limitations and change orders.
Our Federal Government Contract Claims, Appeals and Contract Disputes Law Firm provides legal counsel to contractors throughout the United States and overseas including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington DC, West Virginia, Wisconsin, Wyoming, and Virgin Islands. Call our federal contracting claims attorneys today for immediate help.
Call a Federal Government Contract Claims and Contract Dispute Resolution Lawyers
For help preparing and defending government contract claims at the CBCA, ASBCA or Court of Federal Claims, call our federal government claim and contract dispute resolution lawyers and claims attorneys or contact us online today. Call Watson & Associates toll-free today at 1 (866) 601-5518 or 202.827-9750 in Washington, DC.