Government Contract Claim & Dispute Attorneys

Aggressive Federal Procurement  Contract Claims & Appeal Lawyers

As a government contractor, you are often too busy, too understaffed or simply lack the legal experience in government contract claims preparation, presentation or defense. The key to successful contract claims disputes with the agency is to have organized supporting documents, and to be able to present your case in a way that complies with the Federal Acquisition Regulations (FAR),Contract Disputes Act. and, more importantly in alignment with court decisions in favor of government contractors. Watson & Associates frequently help large and small DOD contractors across the country and overseas to effectively submit requests for equitable adjustments, change orders, scope changes, contract claims, and appeal the agency’s denial of claims. We help you to get paid for services rendered.

 From Watson & Associates, LLC you get broad expertise and focused resolution strategy on its government contract dispute and claims practice. We understand that the case law is heavily divided in the outcomes. Therefore, we analze court decisions to prepare you for the best possible outcome. You never want to forefeit your rights because you did not make the right allegations. We show you why it is imporant to involve our attorneys at the begining of the process  -  you can not raise new issues during the appeal process.

 Clients gain valuable valuable lessons and insight from our actual experience of working on the other side. We understand the mistakes and land mines that agencies develop resulting from contract termination, breach claims, scope of contract changes, defective pricing, cost disallowances, deficient performance, noncompliance with cost accounting standards, disputes and claims related to Multiple Award Schedule contracts, and many other disputes under the Contract Disputes Act of 1978.

 

Comprehensive Contract Claims and Dispute Services

Often, owners and contractors need a professional – aggressive government contract attorneys - to help them through the unfortunate, but unavoidable claims process. You recognize that your strengths are in doing the job you were hired to do. But suddenly you find yourself in the burden-of-proof world of notices, lawyers, forensic experts and high-stakes analysis. This is where you don’t want to get burried in the process.

Get experienced procurement help with:

• Cost disallowance
• Recovery
• Defective pricing
• Government construction contract disputes
• Breach of contract claims
• Change orders
• Federal government construction claims
• Claims for constructive changes
• Equitable adjustments
• Work done by order of the COTR
• Contract performance and scope changes
• Termination claims
• Contract terms disputes
• Bad faith
• Formation mistakes
• Non-payment of invoices
• Performance disputes
• Claims arising from contract modifications
• Disputes and claims related to Multiple Award Schedule contracts
• Contract claims arising from government delays.

 

Gain help with:

• Assessing the legal basis and merits of your claim
• Analyzing the sufficiency of supporting documentation
• Teaming with experts in large complex contract claims
• Drafting the necessary documentation to the contracting officer
• Negotiating on your behalf with the agency
• Representing your organization in the event of litigation or appeals
• Working on behalf of subcontractors with general construction contractors

Call us toll free for a free initial consultation at 1-866-601-5518.

 

Our contract claims and contract disputes work spans many industries, including defense and aerospace, construction, electronics, financial services, professional services, information technology, healthcare, pharmaceuticals, and medical devices and equipment.

Cost-effective resolution: Our government procurement lawyers have the in-depth experience to negotiate resolution of government contracts claims in lieu of litigation. However, when the contracting officer gives a final decision denying your claim, our appeals attorneys will aggressively litigate the matter before the boards of contract appeals and the US Court of Federal Claims. When possible, our government contracts attorneys also make use of alternative dispute resolution (ADR) mechanisms, including mediation and arbitration proceedings. 

 

Diverse Client Base

Our government contract clients and their businesses are as diverse as the services we provide them. We represent both start-ups and FORTUNE 500 companies, both US and international entities, government and private corporations, and both for-profit and not-for-profit organizations. Our clients come to us from a variety of industries, including information technology, healthcare, construction contractors, financial services, professional services, life sciences, aerospace and defense federal contractors. We also pride ourselves in our unmatched expertise in government small business programs.

 

Important points to remember when addressing agency claims

Spending time talking to federal procurement and end-users generally does not resolve contract disputes. The Contract Disputes Act allows for the Contracting Officer to resolve matters and the agency board of contract appeals to determine the merits of disputes.  Written communication with only the contracting officer strengthens your case. Understand the the COR or Program Manager cannot commit the federal government. Increasing the likelihood of getting your government contract claim paid first starts with getting the right government procurement attorney on your team. Why? Only then does the government contracting agency take you seriously. We understand the government’s failure to pay can paralyze your company.

 

In government contracting, to gain a strong position early in a contract dispute has a substantial impact on the result. When it comes to initiating an unpaid contract claims dispute, it is very critical to analyze the details and be ready to handle your claim head-on. Gaining a strong position means securing adequate documentation and assessing when the law is on your side. The government handles claims and disputes by applying the set terms of the Contract Disputes Act and the Truth in Negotiations Act. We help you to battle these complex issues. Our defense contracting claims and appeals attorneys will:

• Immediately assess your case breach of contract claims against the government
• Aggressively pursue unpaid contract claims
• Carefully analyze the merits of your case
• Interpret contract terms
• Meticulously review all relevant documentation
• Prepare a detailed claim on your behalf
• Enter into discussions and negotiations for you
• Litigate or appeal your claim if the government refuses to pay
• Appeal to U.S. Court of Federal Claims

Having sound documentation helps your recovery and maximizes your damages. When you decide to file a claim against the federal government, documentation and support strengthens your position. The changes clause in a federal government contract drives the source of your claim and the direction in which you must follow. Rest assured that the agency will take advantage if you lack of documentation to deny the claim. Theodore Watson’s government contract law and construction attorneys will prepare the necessary paperwork on your behalf and initiate recovery actions. 

 

What are acceptable reasons for filing a contract claim?

• Unforeseen physical conditions
• Changes to the scope of work
• Delays caused by the government
• Differing site conditions
• Termination for convenience

How do you initiate a claim against the government?

The contract claims and disputes process begins with the presentation of a proper claim by a federal contractor to the Contracting Officer (or by the transmission of a government claim to the contractor.) Here, FAR 33.204 requires the government “to try to resolve all contractual issues in controversy by mutual agreement at the contracting offer’s level. Does this happen? More often than not, NO. As a matter of reality, more than 54.2% of government contract claims are resisted by the agency. This is where Watson & Associates can help.

• Never rely on the contracting officer to reward you for your work
• Keep too much documentation instead of too little
• You cannot appeal a claim unless you get the contracting officer’s final decision
• Get a government claims attorney to help you initially – it can preserve your right to appeal  

 

Has the Contracting Officer not Responded to Your Claim?

The contracting officer typically has 60 days to issue a final decision. A common tactic is for the agency to assert an improper claims submission (this is another reason to have a contract claims attorney on your team.)

• Never assume that your claim is a priority for the government
• Be aware of deadlines for filing your claim or appeal

Our government procurement team can step in and pursue legal action. We can file an appeal to an administrative board of contract appeals (BCA) or the U.S. Court of Federal Claims (COFC). 

 

Appealing Government Contract Claims to the Board of Contract Appeals

When the CO denies your government claims, you can then file a “Notice of Appeal” within 90 days of receipt of the CO’s final decision. Our contract disputes and government procurement attorneys will ensure that the form of the appeal is proper and suffices as proper notice.

Tip: The Board of Contract Appeals cannot order specific performance on a contract or injunctive relief (See. Appeal of Sabba Corp., V.A.B.C.A. No. 5557 et al.

 

Avoid Costly Contract Claims Mistakes that Can Paralyze Your Company

Unfortunately, not all claims and contract disputes are resolved and businesses are stuck with the decision to continue fighting and exhaust additional legal fees. Research shows that a substantial amount of contract claims remain unresolved. A few reasons why contractors fail to recover claims include:

1. Improper characterizing the claim: Government contract claims must be specific and detailed enough to set forth valid reason for compensation. You cannot simply send an invoice and expect the government to pay it. Having Watson’s government procurement lawyer handle this particular requirement can save long delays from government response and wasted man hours in useless communication.
2. Failure to identify problems early in the contract: A good example is in a government construction contract where the contractor is faced with conditions that no one could foresee. In this situation, our appeal attorneys suggest that you establish a paper trail of communication to the contracting officer (the more detailed, the better).
3. Written communication to the wrong person: Having a thorough understanding of the authority of government contracting personnel is critical when it comes to filing a contract claim. You should never make the mistake of talking or communicating with contracting officer representatives (COR) about changes to the contract. They have no authority to bind the federal government. Instead, you must focus you attention to the Contracting Officer—no one else matters.
4. Handling contract claims without representation: It is plausible to understand that as a government contractor, you want to handle contract disputes to avoid legal fees. Defense contracting regulations are numerous and complex. The appeal courts are flooded with decisions where government contractors lost thousands or millions simply because they did not understand the rules. You want to maximize your damages in the end. The government understands the rules and can avoid paying out additional monies if you don’t have an experienced government procurement expert on your team. Every successful contractor appreciates the substantial amount and complexity of federal procurement rules.
5. Failing to develop internal controls and proactive policies,  that minimize contract claims and disputes: Contractors sometimes find it unnecessary to invest into development of internal policies. However, successful claims resolution stems from having just that. Thousands an millions of dollars can be saved by focusing on claims reduction. This is yet another area where Watson & Associates can help. 

 

Our attorneys understand the claims process and will aggressively fight for your rights 

Our litigation and federal appeals attorneys are very experienced in contract claims law and can likely help your case involving non-payment, breach of contract, and more. We’re able to help you when:

• You have filed a government contract claim in the past 90 days
• You are experiencing a scope change that requires you to perform additional work
• You seek equitable adjustment for additional unanticipated work
• The Contracting Officer is ignoring you and is not corresponding with you
• You seek a government contract claims lawyer for appeal to the Board of Contract Appeals

 

Effectvely Handle Construction Claims: While the primary focus in construction claims disputes concern liability, proving pricing and damages are critical elements of any government construction claim. Watson & Associates, construction claims lawyers help federal contractors to avoid some of the most costly pitfalls when doing business with the federal government. Our construction claims group will help:

• Avoid improperly priced claims
• Avoid loss of money that you would normally be entitled to
• Avoid criminal penalties for fraud and false claims
• Prepare equitable adjustment claims
• Delays and scope change claims

 

Helpful Federal Contract Claims information 

Learn how to handle nonpayment of claims invoices. The government is required to pay correctly submitted invoices in a prompt and timely matter. If you have correctly submitted a valid invoice, then our government contract claims attorneys will go to work on your behalf. In this situation, the agency may argue that your invoice was not correctly submitted or that you are not entitled to payment. Don’t fall prey to this government defense tactic. Always check and double check your invoices before submitting them.

Know the contract claims process and your contract remedies. Most government contracts contain language that grants remedies either to the government or the contractor. FAR 52 addresses remedies for fixed price contracts, cost reimbursements, and changes or delays caused by the government. As a government contractor, you must be very specific and focused when submitting a government contract claim. Although you are not required to have a contracts claims attorney, there is a certification process needed to preserve your rights.

Tip: DOD is generally requiring all contractors to submit invoices on Wide Area Workflow to speed up payment of invoices.

Tip: Never rely on e-mails or correspondence to the Contracting Offer to surmount to a claim. Contract claims should be specific and concise, leaving no room for ambiguity.

 

More Information in FAR 33.206 Initiation of a claim

(a) Contractor claims shall be submitted, in writing, 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 time period does not apply to 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.

(b) 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 6-year period shall not apply to contracts awarded prior to October 1, 1995, or to a Government claim based on a contractor claim involving fraud.

33.207 Contractor certification

(a) Contractors shall provide the certification specified in paragraph (c) of this section when submitting any claim exceeding $100,000.

(b) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(c) The certification shall state as follows:

I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the contractor.

(d) The aggregate amount of both increased and decreased costs shall be used in determining when the dollar thresholds requiring certification are met (see example in 15.403-4(a) (1) (iii) regarding cost or pricing data).

(e) The certification may be executed by any person duly authorized to bind the contractor with respect to the claim.

(f) A defective certification shall not deprive a court or an agency BCA of jurisdiction over that claim. Prior to the entry of a final judgment by a court or a decision by an agency BCA, however, the court or agency BCA shall require a defective certification to be corrected.

 

Nationwide Contract Disputes Representation 

Theodore Watson & Associates LLC offer government contractor defense and contract claims attorneys or companies in Colorado, Wyoming, New Mexico, Kansas and Nebraska, New York, Los Angeles, San Francisco, Chicago, Illinois, Michigan, Pennsylvania, Virginia, North Carolina, South Carolina, Arkansas, Denver, Colorado Springs, Utah, California, Oklahoma, Ohio, Maine, Florida, Texas, Nevada, Las Vegas, Georgia, Hawaii, Alaska, Washington D.C., West Virginia, Florida, Indiana, Washington, Mississippi, Tennessee, Miami, Virgin Islands, Rhode Island, Vermont, Wisconsin, Minnesota, Missouri, Delaware, Washington State, Connecticut, Arizona, New Hampshire, Massachusetts, and Montana. Government contract claims and dispute attorneys also represent contractors in Afghanistan and Iraq construction efforts.

We offer defense contracting and contract claims services in Anchorage, AK; Atlanta, GA; Austin, TX; Chicago, IL; Colorado Springs, CO; Dallas, TX; Denver, Colorado; Indianapolis, IN; Las Vegas, NV; Los Angeles, CA; Miami, FL; Philadelphia, PA; San Antonio, TX; San Diego, CA; San Francisco, CA; San Jose, CA; Santa Clara, CA; and Tampa, FL.

 

Contact us for Immediate Claims Representation

If you are seeking an experienced and knowledgeable law firm to assist and guide you in government contract claims, contact us today. Call Watson & Associates toll free today at (866)601-5518.

 

Additional online resources:

Federal Acquisition Regulations CCR Small Business Administration Federal Procurement Opportunities Office of Federal Procurement Policy Office of Federal Compliance Programs Our Federal Procurement Consulting Services U.S. Department of Agriculture GAO U.S. Supreme Court Contract Claims Attorneys