Government Construction Law Firm

Promptly Solving Colorado Construction Disputes & Federal Issues Nationwide.

Call Toll Free 1-866-601-5518 for a free initial consultation.

 

As a government construction contractor, you are under more scrutiny than most other industries in the federal procurement system.  More than 63% of federal construction projects end up in some type of dispute with the agency; in 50% of these situations, the Contracting Officer will deny your claim for damages. At this juncture, you must understand your rights under the contract and under federal procurement law. You sometimes face situations where the agency denies a claim, threatens with termination for default or simply terminates the contract for convenience. In other situations, the government makes scope changes for which you are entitled to payment. There are several confusing clauses that apply to your specific construction contract. Although you may not have seriously studied them, our lawyers spend the time to advise you and minimize adverse actions. If you are experiencing problems with teaming agreements, mentor protege disputes or even need representation on appeal, contact our federal construction law firm for immediate assistance. Matters that we frequently handle include:

• Differing site conditions
• Performance delays
• Show cause notices
• Scope of work disputes
• Negotiations of contract modification
• FAR interpretation and guidance
• Construction claims
• Breach of contract representation
• Constructive changes and cardinal changes
• Litigation and appeals
• Bid protest (filing and defense)
• Miller Act guidance
• Requests for equitable adjustment
• Termination for convenience
• Termination for convenience and default
• Novation agreements
• Small business subcontracting
• Teaming agreements and Joint Ventures
• Affiliation disputes

 

Avoid Costly Mistakes for Your Company

One of the biggest mistakes government construction companies make is to try to handle the dispute on their own or simply hoping that the agency will do the right thing and protect their rights. Never jeopardize your case by retaining counsel too late. Whenever clients try to resolve their legal matters on their own they typically do not anticipate the consequences of their words or conduct. They do not realize that government adversary has likely consulted with counsel and often times they are being set up for a future litigation that may result from the problem. The costs associated with these mistakes can cost your construction firm thousands or millions in the end.

 

Types of Construction Damage Calculations 

Federal construction litigation generates a variety of different claims that can result in different types of economic damages. The following are examples:

• Extra work
• Compensable Delays
• Escalation Damages
• Acceleration
• Disruption
• Contractor Termination
• Relocation Costs

 

The following are some typical areas of damage calculations in government construction: 

 

Extra Work

Extra work is performed by the contractor under changes in scope by the owner or owner’s representative. In claiming costs for extra work, the contractor must show

• the scope of the extra work, that there was no previous inclusion of the work within the contract by change order, and
• proper calculation of the added labor, materials, equipment, other costs and profit.

 

Escalation damages

Federal construction escalation claims require proof that costs incurred in later periods had higher unit prices than the prices that would have existed had no delay occurred. This proof is often more difficult than it may first appear. Escalation claims frequently include labor cost. A delay claim on a large complex project is often a series of many individual delays, and the labor cost generally comprises multiple crafts (electricians, pipe-fitters, laborers, etc.) with multiple wage levels (apprentice, journeyman, foreman, etc.) within each craft. Computing the incremental labor cost resulting from these multiple delays often requires an approximation.

 

Acceleration

Acceleration results when a contractor revises the contract schedule to complete the remaining activities in less time than planned. The contractor usually reduces the time span by adding manpower and shifts, increasing overtime and revising work sequences. Acceleration costs include:

• Premium portion of overtime and the inefficiencies associated with extended overtime
• Higher wage rates of added shifts
• Vendors’ premiums for expedited delivery of materials
• Equipment increases required to support added crews
• Disruptive effects on the work force causing lower productivity
• Extra hours associated with revised work

The contractor’s acceleration claim must prove that the owner or owner-representative decided to accelerate. Depending upon the applicable contractual relationships, the owner’s representatives for this purpose may include the contracting officer, architect, engineer, or contractor (assuming a subcontractor accelerates). The plaintiff must obtain the applicable correspondence, meeting notes, witness statements, or other notes and records that prove why the project was accelerated.

 

Other Federal Contracting Services

Watson & Associates not only offers construction law services. It is also recognized as one of the best law firms for broader government procurements services. They include:

• Bid protests;
• Civil litigation;
• Inspector General (IG) Audits and investigations;
• Claims;
• Defective pricing;
• Ethics and contract compliance;
• False claims;
• International contracting
• Investigations;
• Joint venture and teaming agreement documents;
• Legislation and FAR guidance;
• Privatization;
• Requests for Equitable Adjustment
• Small Business Program matters;
• GSA Schedule;
• 8a Certification
• SBA Request for Reconsideration;
• Suspension and debarment;
• Contract management; and
• Termination agreements.

  

Handle Delays in a Manner that Increases the Liklihood of Payment

Delays affecting contract performance may also result in the need to prepare and submit a request for equitable adjustment, and can be categorized as either excusable or compensable. Excusable delays do not entitle the contractor to recover the cost of the delay, but do allow for extension or adjustment of the contractual delivery dates. These extensions in the contractual delivery dates protect the contractor from any late performance sanctions, such as termination for default or liquidated damages.

Excusable delays have been defined both contractually and through the courts, and may, under certain conditions, include such things as: labor strikes, weather, sovereign acts of the government, subcontractor or supplier delays, floods, fire, epidemic, embargo, and acts of God.

Compensable delays, however, entitle the contractor to both be paid for the cost of the delay and receive an extension of the contractual delivery dates. Common instances may include: delays in issuing the Notice to Proceed, making the work site available, the government’s interference with the contractor’s work, unreasonable delays in obtaining government approvals, contractually established funding, inspecting the work, or issuing changes orders.

The contractor is entitled to recover costs associated with delays that are unreasonable in duration. When the delay results from the government’s exercise of a contractual right, the contractor is entitled to compensation only for the unreasonable portion of the delay. No recovery is available where there are concurrent delays that are the fault of both the contractor and the government.

 

Ensure Timely Notice of a Constructive Change

To be able to respond to a contractor’s claim for an equitable adjustment, the government must know the amount of the claim (quantum), the fact that a claim is being submitted, and the basis for the claim (entitlement).

 

The Construction Contract Changes Clause at FAR 52.243-4 applies only to construction contracts and states that only costs incurred within 20 days from the time that the contractor gives notice are recoverable. The Notification of Changes Clause at FAR 52.243-7 requires that the contracting officer be notified of a constructive change promptly, usually within 30 days.

 

Get help with the critical aspects during performance: All facets of federal procurement: Watson & Associates, LLC represents federal government construction clients such general contractors, managers, design builders, subcontractors, suppliers, owners, architects, engineers, and sureties in all states. Located in Denver, Colorado, we also serves construction lawyers to small businesses, subcontractors and large Colorado construction companies on state-related issues. In connection with federal construction-related legal matters such as breach of contract allegations, our attorneys routinely provide advice and counsel; draft, review and negotiate contracts; analyze, prepare, prosecute and defend contract claims; negotiate and resolve contract claims; mediate construction disputes; arbitrate construction disputes; litigate at both the GAO and Board of Contract appellate levels; and handle bid protests. As many successful construction companies can attest, government contracting is immersed with complicated rules and regulations. Having an experienced federal contracts attorney can save you thousands or millions of dollars.Contact our office, or by phone at 866-601-5518, to discuss your needs with knowledgeable attorneys committed to your legal success.

 

Federal construction matters in all states: From the west coast all the way to Washington, D.C., and litigation issues within the Denver or Colorado areas, Watson & Associates is an experienced federal government and Colorado construction law firm serving general contractors, sub-contractors, developers, and lenders throughout the country. In addition, our Denver firm represents companies with state and local disputes that include claims, non-payment, Miller Act, payment bond and construction liens. Our construction law attorneys have deep experience and in-depth skill when handling common legal issues in federal procurement such as construction claims, terminations and performance disputes.

 

Solution Driven Construction Law Attorneys

We recognize that construction related disputes significantly increase the cost of building projects. They also jeopardize important business relationships with the federal government. Watson & Associates, LLC is committed to providing proactive legal advice and representation geared toward establishing and protecting the business relationships involved in large projects. if you are a Colorado construction company, then our experienced legal experts will aggressively help you to resolve private matters.

• Possible novation
• Resolution in delay disputes
• Review of subcontractor and prime disputes
• Drafting contracts with appropriate clauses

 

 From contract bidding, negotiation and preparation to surety issues, and construction claims to land subsidence, quality of workmanship, and materials issues, we have the skill and knowledge necessary to protect our clients’ interests.

In addition, our construction law attorneys have significant experience handling claims for equitable adjustments, and payment and collection issues related government contracts.

The federal construction lawyers at Watson & Associates focus on results. Large companies and small businesses alike come to us because of our in-depth knowledge of the federal procurement regulations and the relevant court decisions that impact the federal construction contracting industry. You will get a better understanding our how the government thinks and the how to avoid or challenge unlawful government actions.

Resolve and appeal contracting officer final decisions and denial of claims: many contractors simply rely on the government to do the right thing. This does not always happen. The when the federal government becomes a party to a construction contract, agencies sometimes still believe that being a sovereign entity always carries the day.

Challenge unwarranted contract reviews: If you believe that the agency is issuing you unwarranted performance reviews, let our federal construction attorneys help you before it is too late. Agencies believe that contract administration simply can keep a challenge from review at the GAO level. Although GAO cannot review issues pertaining to construction contract administration, a federal court has jurisdiction under the Contract Disputes Act does in fact allows for judicial review of procedural propriety of performance evaluations.

• Protect your right to challenge performance evaluations
• CPARS and CCASS ratings can impact your ability to get federal construction contracts

 

Help From Skilled Litigation Lawyers

Construction claims and litigation are foreseeable aspects of large government projects under the Changes clause. Watson & Associates is prepared to litigate construction disputes in the various federal forums. Our strength is identifying and resolving disputes before litigation commences, and then after they arise using alternative dispute resolution (ADR) techniques, such as mediation and arbitration. This method of dispute resolution fits our philosophy of resolving construction disputes in the most efficient, cost-effective, and well-organized manner possible, while working hard to preserve existing business relationships.

 

Nationwide Representation

Federal law allows our government construction lawyers to represent clients regardless of their resident state. Watson & Associates, LLC, can represent businesses in Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, Washington, DC, West Virginia, Wisconsin, and Wyoming. Our US firm also helps DOD contractors in Afghanistan and Iraq construction efforts.

Cities in which we practice federal construction law include 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 our Government Procurement Attorneys

Please contact the Colorado based construction law attorneys at Watson & Associates, LLC regarding any legal matter related to a Colorado private or federal project. Our lawyers can be reached toll free at 866-601-5518 or by e-mail, our by filling out the contact form on our Contact page.