Termination for Default Government Contracts
Avoid Common Costly Legal Mistakes from the Cure Notice Phase That Leads to a Termination for Default Notification to Appeals. Nationwide Help From Lawyers That Understand The Rules. Get a Free Initial Consultation 1-866-601-5518.
Compared to a termination for convenience, if the federal government issues your company a contract termination for default letter (also referred to as termination for cause or T4D under FAR 49), without sound legal representation for dispute resolution, you may end up owing the government thousands of dollars or giving up your legal rights.
Although the courts hold the government to a high standard when termination a government contract for convenience, when the evidence is looked by an experienced government contracts attorney, critical agency mistakes by the contracting officer can be uncovered.
- Get a detailed legal review of your case
- Receive an assessment of the next steps and strength of filing an appeal
- Look at the possibility of getting a termination for default converted to termination for convenience
- Invest in proactive legal evaluation before actually getting into costly litigation on appeal
- Nationwide legal representation for federal contractors at competitive rates.
FAR Termination for Default Government Contracts – Appellate Services
Watson & Associates’ law firm provides a detailed review of the facts leading up to FAR termination for default of government contractors for both services contracts and federal construction projects, assesses whether the contracting officer has violated government procurement law or has abused his or her discretion when terminating a government contract. We then prepare the written notice of termination appeal to the respective players.
As termination for cause and FAR lawyers, we provide:
- Assessment of cure notices and show cause notice decisions
- FAR Cure notices and related documents
- Construction contract termination rights
- Service contracts dispute resolution
- Failure to perform contractor default cases – unlawful termination
- Corps of Engineers construction termination of contract default legal representation
- Legal analysis of government fault outside of the contractor’s responsibility
- Legal review for the government’s breach vs default when issued a contract termination letter
- Review of specific facts that create legal defenses for the contractor such as constructive change matters
- Detailed legal analysis and preparation of appeal to the Boards of Contract Appeals and COFC
- A thorough assessment of the relevant facts leading to the notice of termination of contract
- Potential for negotiations in contract termination clause disputes.
- Aggressive termination of contract appeals and litigation services.
- We handle construction termination of contract and service contract T4D cases.
- We provide help with converting default decisions into a termination for convenience.
To Speak in Confidence With a Government Contract Termination for Default Attorney About Appealing Your Case, Call 1-866-601-5518 for a FREE Initial Consultation.
ACT WHEN THE AGENCY VIOLATED PROCUREMENT LAWS
Sometimes the government termination for cause actions is not supported by the agency record. At Watson & Associates, LLC our team of FAR termination for default government contracts lawyers carefully assess the facts and circumstances surrounding each case to see whether the government has violated federal procurement law.
- 30 years experience in federal procurement law.
- Prompt responses.
- Aggressive appeal representation.
- We litigate at the ASBCA, US Court of Federal Claims, CBCA and Federal Circuit Court of Appeals
We also provide direct legal counsel to CEOs and corporate executives nationwide about the next steps. We have earned a reputation for gaining favorable results for small businesses and large DOD contractors through vigorous legal representation.
Termination for Cause FAR 49.4 or FAR 52.249
What Must the Government Show When issuing a termination for cause?
When the contracting officer issues a contract termination for cause under FAR 52.249-8 or FAR 49.4 contract termination clause, and alleges that you have failed to meet your contractual obligation under the contract cancellation clause, it must defend any appeal filed by the contractor.
In a T4D case, if the contract was terminated before the actual completion date, the agency must show that use of the government contract Termination for Default Clause was proper and correct. If not, the agency could be found to have issued an unlawful termination. See Case Where Contractors’ Mistake in Bid Pricing Causes Government to Terminate for Default and Court Gives no Mercy.
Breach vs default: What must the contracting officer consider before issuing a contract termination for cause action?
FAR (49.402-3(f)) contract termination clause shows a list of things that the contracting officer must consider before terminating a contract for default. They include:
- The terms of the contract and applicable laws and regulations – FAR 52.249 8.
- The specific failure of the contractor and the excuses for the failure.
- The availability of the supplies or services from other sources.
- The urgency of the need for the supplies or services and the period of time required to obtain them from other sources, as compared with the time delivery could be obtained from the delinquent contractor.
- The effect of a termination of contract on the ability of the contractor to liquidate guaranteed loans, progress payments, or advance payments.
- Any other pertinent facts and circumstances.
Can a contractor terminate a government contract?
As a practical matter, no: There has to be a very rare situation to even support such an action. Generally, the FAR clauses allow for the government to terminate the contract. However, a contractor has sufficient evidence to show some level of constructive termination, then there could be a possibility. However, facts leading to changes in contract terms etc must still follow the requirements of the Contract Disputes Act. A contractor cannot simply abandon the contract.
Where Can You Appeal the Contracting Officer’s Termination for Cause?
Appealing a termination for cause in a federal government contract allows you the option to file you appeal in various forums.
- File your termination for default at the respective Board of Contract Appeals (ASBCA or CBCA)
- Filing the case at the Court of Federal Claims
- When filing at either court, you must be be sure that you establish why the court has jurisdiction to hear your appeal. Many cases are being dismissed because of this mistake.
Where you file the appeal depends on your overall outcome. The various courts may have different spins on the various outcomes. Speaking to a termination for default lawyer can be beneficial.
Get a FREE CONSULTATION
- The difference between termination for convenience and default.
- Understanding the Termination Default Clause
- Responding to cure notices
- Costs associated with termination of contract for cause T4Ds
- Termination of contract appeals and being proactive
- Grounds for termination of contract.
- Breach of the Implied Covenant of Good Faith and Fair Dealing
- T4D Process and Appeals
- Learn how appeal courts look at government contractor termination for cause cases