Run Through the Base, Not To the Base
Thankfully, baseball season is back. While listening to a broadcast of my favorite team yesterday, I heard the announcer repeat the fundamental lesson of “running through the base, not to the base.” Running to a base leaves the runner no option or momentum to continue. When running through the base, the runner has the option to stop or keep going to the next base. This too is an important lesson for government contractors – run through your goals to preserve your options.
Recently, a contractor’s appeal was dismissed when the ASBCA found it had no jurisdiction because the contractor did not first submit a claim to the contracting officer. In the contractor’s defense, he probably (and understandably) thought a claim wasn’t necessary when a settlement had already been reached between the contractor and the Army, as evidenced by a written agreement from the contracting officer.
However, “through bureaucratic indifference, the government failed to keep its promise to pay appellant, failed to explain why it was not paying, and failed to retain records that demonstrate what happened.” ASBCA No. 60597, decided March 3, 2017 (underlining added). The Board was “sympathetic” to the contractor’s “predicament,” but the absence of a certified claim meant the Board was powerless to do anything.
To keep your options open and maintain momentum, claims may be necessary even when they shouldn’t be.
Roads & Bridges | From Roman Arches to AI
FROM ROMAN ARCHES TO AI
Can Construction Evolve Without Risk?
The construction industry blends old with new. From ancient Roman archways and aqueducts and […]
Roads & Bridges | Caught in the Middle
CAUGHT IN THE MIDDLE
New Mexico bridge case highlights the importance of written agreements for changes and delay compensation
In construction contracting, hope for […]
Roads & Bridges | Wait and It’s Waived
WAIT AND IT’S WAIVED
Roads & Bridges | Supreme Court Ruling on Arbitration Delay
Don’t wait to arbitrate! Progressing too far down the litigation […]
Roads & Bridges | Court Defines When Contractors Can Withdraw Due to Mistakes
BIDDING BLUNDER
Roads & Bridges | Court Defines When Contractors Can Withdraw Due to Mistakes
For over 125 years, the vast majority of jurisdictions […]
FEDERAL CONTRACT TERMINATION OR MODIFICATION
The White House has directed Agency heads to “terminate or modify . . . covered contracts.” With some exceptions, there are […]
Roads & Bridges | Maximizing Damage Recovery
MAXIMIZING DAMAGE RECOVERY
Tracking Costs, Avoiding Duplication in Liquidated and Actual Damage Claims
A County and Contractor contracted for construction of a road and […]
Roads & Bridges | Roadwork, Delays and Disputes
ROADWORK, DELAYS, AND DISPUTES
The Subcontract Case In Pecos County, Texas
“Road construction is ubiquitous in our society. . . .” C&C Road […]
Roads & Bridges | Understanding Sovereign Immunity
UNDERSTANDING SOVEREIGN IMMUNITY| Public Contracts and Lessons from Recent Texas Cases
Generally, governmental entities are immune from lawsuits. One exception is contractual. If […]
Roads & Bridges | Indiana Court Upholds Broad ND4D Clause
INDIANA COURT UPHOLDS BROAD ND4D CLAUSE | Ruling Precludes Subcontractor Claims for Delay and Acceleration Damages
This is the story of an Indiana […]
