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Government Claims & Contract Dispute Attorneys

Government Claims lawyers • Procurement Disputes Resolution • Contract Litigation and Appeals ASBCA and COFC

Watson& Associates, LLC has gained a successful reputation with small businesses and large corporations from Washington, DC and states nationwide for its ability to resolve, settle and litigate government claims.  When you perform work as a government contractor, you expect to be paid for the work that you have completed. Failure  to receive payment can create serious harm to your every-day operations.   As such, our lawyers help you properly assess ans submit claims against the government.

Government Claims Services

When it comes to helping you with federal contract claims, we can help you by:

  • 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
  • Appeals and litigation

 

The government claims and procurement problems that our law firm resolves on a daily basis include claims from:

  • 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.
  • Court of Federal Claims Disputes and Protests

Under the Contracts Disputes Act, you have certain recourse and rights to challenge or appeal government claims that arise from your contract. At Watson & Associates, LLC, our government contract claims and disputes lawyers provide personal guidance and aggressive representation for small businesses or large DOD contractors that are faced with such shortfalls in payment.  When posturing claims against the federal government, it is better to involve an attorney in the early stages simply because you want to also preserve your rights for appeal. This is a common oversight for many government contractors. Never wait until the Contracting Officer makes her final decision o involve counsel. See examples of recent government contract cases. 

  • The agency only takes you seriously when you are represented by counsel
  • In claims against the government, the agency denies your claim in 67% of cases.
  • Although you may be actualy owed money, appellate courts have sided with the agency because of improperly prepared claims

 

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

 

Overview of your chances of winning a government claims appeal. Most government contract claims are appealed to the Armed Services Board of Contract Appeals (Army, Navy, Air Force, Corps of Engineers, DLA, DCMA and other defense agencies.) The Court of Federal Claims also has jurisdiction to hear contract claims cases. In 2010, there was an increase of appeal dockets by 41, a total or 424. Contractors prevailed in 61 or the appeal cases; 46 were denied and a total of 317 were dismissed, on the majority of cases, a dismissal reflects that the parties reached a settlement. This shows that there can be a strong likelihood of favorable outcomes. Contractors should not be discouraged to challenge the agency. Your rights are critical simply because your company’s bottom line is at stake. However, to receive a favorable outcome means in-depth preparation of skilled government contract attorneys on your side.

 

When Must You File a Claim Against the Government?

Pursuant to the Tucker Act, claims must be filed within six years after the claim first accrues. 28 USC Section 2501. A claim accrues when all the events have occurred which fix the liability of the Government and entitle the claimant to institute an action. In general, this six year limitation period applies to contract claims both by and against the Government. FAR 33.206 (1995). Under the doctrine of sovereign immunity, the Government is immune from suit except as it consents to be sued. Any waiver of sovereign immunity must be unequivocally expressed and may not be implied. The Contract Disputes Act (CDA) constitutes such a waiver.

  • Government claims should be filed as early as possible
  • Our lawyers help with both complex and simple government claims
  • Take advanatge of our risk-bearing fee arrangements

 

Court of Federal Claims Appeals

The CDA grants jurisdiction to the CFC and the agency boards of contract appeals over claims between contractors and the Government involving any express or implied contract for the procurement of property, other than real property in being. 41 USC Section 602(a)(1). 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 claims by a contractor against the Government shall be in writing and shall be submitted to the contracting officer for a decision. A claim does not have to be submitted in any particular form or use any particular wording. All that is required is that the contractor submit 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.We help you to battle these complex issues. Our defense contracting claims and appeals attorneys will:

  • Immediately assess your case for 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

 

 

Certain Types of Contract Claims Must be Certified

Government claims associated with a federal project that is greater than $100,000 must be certified by the contractor. The certification is required to state that the claim is made in good faith; the supporting data are accurate and complete to the best of the contractor’s knowledge and belief; the amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable; and the person making the certification is duly authorized to certify the claim on behalf of the contractor. A defect in the certification shall not deprive the CFC or board of contract appeals of jurisdiction over that claim. Prior to the entry of final judgment, however, the COFC or board shall require that a defective certification be corrected. Section 605(c)(b). While a defective certification may be cured, the CDA does not provide for curing a lack of certification. The CFC and boards cannot exercise jurisdiction over an uncertified claim in excess of $100,000.

 

Contracting Officer Approval or Denial of Claim

Within 60 days of receiving a certified government claim in excess of $100,000, the contracting officer must either issue a decision or notify the contractor of the time within which a decision will be issued. 41 USC Section 605(c)(2). Although 60 days is the outside limit, the contracting officer’s decision is to be issued within a reasonable time, accounting for such factors as the size and complexity of the claim and the adequacy of the information in support of the claim provided by the contractor. The contracting officer shall issue his decision in writing, shall state the reasons for the decision and inform the contractor of its rights as provided in the CDA. If the contracting officer does not issue a decision within the required 60 days, the claim will be deemed denied and this will authorize commencement of an appeal of the claim. Certification is important. The fundamental purposes of this requirement are to provide an accurate appraisal of the contractor’s damages and thus encourage settlements and to discourage improper submissions by holding contractors liable for fraudulent claims. A CDA claim must be submitted to the contracting officer for a final decision before it can be appealed. After the contracting officer issues a final decision on a claim, the contractor may appeal either to the appropriate board of contract appeals or to the COFC. 41 USC Sections 607(d) and 609(a)(1). The COFC has jurisdiction over the claim if the appeal is made within twelve months of the contracting officer’s final decision. Section 609(a). Appeals to the boards of contract appeals must be brought within 90 days of the contracting officer’s decision.

 

Get experienced contract disputes legal advice. The ability to successfully get paid for work accomplished starts with gathering of specific evidence to support your contract claim. This can include e-mails, receipts, photographs etc. Each federal government attorney in our office will help you to prepare the necessary forms and draft the appropriate documents. Your goal is to submit a factual and supported contract claim at the very beginning. There is no question that when the agency sees that you are represented by a government contract law attorney, it will take you more seriously.

 

Depending on your specific situation, our law firm may even share the claims risk with you. One way that we separate ourselves from other law firms is that we develop possibilities to share the risks with you.  For example, during the initial claims process, we may decide to share the risks of payment by entering into a quasi-contingency plan. For some businesses, this goes a long way in reducing expensive litigation costs as the initial stages. Call us to discuss this value consideration at 1-866-601-5518.

 

Avoid the five fatal mistakes contractors make.

  • Inadequate documentation to support each contract claim
  • Reliance upon contracting officer representatives direction to perform additional work
  • Contractors attempt to handle the claims process initially without a lawyer
  • Procedural defects when companies handle contract claims on their own
  • Contractors sometimes are unaware of the clauses incorporated into their contracts and the authority of key agency personnel

 

Having government contract disputes attorney that understands the rules can make a substantial difference in the outcome. As with most government contracts cases, an understanding of the unique rules and FAR clauses can make the difference in how you present your case to the government or ASBCA. Members of our contract claims and disputes practice have actually worked for government contracting agencies. Watson’s lawyers understand the mistakes that agencies make and the tactics they use to avoid payment of claims. WE understand that prompt payment is critical to the success of your business. Therefore, we take every government contracts claims case very seriously.

 

Do not waste time and money with agency personnel that have no authority to commit the federal government. In good faith, you may sometimes offer to perform extra work on a construction project. In other situations, the COTR may direct you to perform additional work. See information on COTR authority.Then you realize that there is more work than contemplated. What should you do?

  • The first approach is to never offer or volunteer extra work
  •  The agency will almost always not offer to pay extra
  •  You should always keep the Contracting Officer informed of possible issues on the contract
  •  Even end-users make certain concessions; always follow up with the contracting officer
  •  Always communicate solely with the contracting officer. He or she is the only person that can commit the government.

 

Learn how to preserve your rights for appeal. Many government contracts involved in the claims process have hundreds of thousands or millions at stake.  Some lawyers might forget how to preserve your legal rights for appeal. This is extremely critical in the initial claims process. The ASBCA attorneys at Watson & Associates, LLC offer you broad expertise and focused resolution strategy on its government contract dispute and claims appeal practice. We understand that the case law is heavily divided in the outcomes. Therefore, we analyze court decisions to prepare you for the best possible resolution. You never want to forfeit your rights because you did not make the right allegations. We show you why it is important to involve our attorneys at the beginning of the process – you cannot raise new issues during the appeal process.

Gain valuable 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.

 

Remember these Important Points When Handling 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 COTR 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.

 

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.

 

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).

 

Appeal Denial of 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 and millions of dollars can be saved by focusing on claims reduction. This is yet another area where Watson & Associates can help.

 

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 address 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.

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.

 

Effectively handle government 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 you to:

  • 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

 

Nationwide Contract Disputes Representation

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 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.

 

Relevent Court Decisions

Mabus v. General Dynamics C4 Systems, Inc., No. (Feb. 4, 2011)(reverses ASBCA decision because Board applied wrong test of equitable estoppel; fact that contractor accepted some emailed delivery orders, when contract required them to be mailed, estops contractor from refusing to perform subsequent, similarly deficient delivery orders)

Frank P. Slattery, Jr., et al. v. United States, No. 2007-5063, -5064, -5089 (Jan. 28, 2011) (Tucker Act jurisdiction exists over claims for breach of contract by the FDIC)

Engage Learning, Inc., v. Salazar, No. 2011-1007 (Oct. 5, 2011) (reverses CBCA’s summary dismissal of an appeal for lack of subject matter jurisdiction because, after the contractor initially pled that its appeal involved a contract covered by the CDA, the CBCA made summary conclusions about the credibility of evidence as to the existence of a contract) 

 

 

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