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.
Construction Contracting Without Relief Clauses During COVID-19
What to do if your contract lacks the parts to handle COVID-19? Considerations for creating new contracts during COVID-19.
Your Contract Can Handle COVID-19
Uncertainty and risk are not new or novel to contractors. Contracts reduce uncertainty and share the risk of doing or providing something. COVID-19 may have contributed to, but it has not single-handedly created, uncertainty and risk.
Contractors Can Use RFI to Notify the Government
The Board (and the government) should not elevate form over substance in evaluating the sufficiency of a contractor’s notice.
Taxes Due!
It’s tax season again, so it’s time to pay the piper.
Contractor Wins when Government Reconsiders Accord
Ever had buyer’s remorse or second-guessed a decision? When the U.S. Army Corps of Engineers did that, a Contractor won its claim […]
Claim Certified with Digital Signature Deemed OK
The law is not a trend-setter. It doesn’t readily change or adapt to tech. So, a commonplace practice in business became a dispute when a claimant digitally certified a claim under the Contract Disputes Act.
Acceptance and Intervening Cause Avoided Construction Warranty Claim
Like cars, computers, and appliances, construction projects include warranties too. Similarly, construction project warranties are limited to causes within the contractor’s control […]
Insurance Company Had No Duty to Defend Under Eight Corners Rule
To decide if an insurer has a duty to defend, a Virginia State or Federal Court may only look at the allegations in the complaint and the insurance policy to determine if a judgment against the insured will be covered by the policy.
Owner SOL When Mandatory Mediation Didn’t Toll Statute of Limitations
Contract interpretation strives to find the meaning of all parts together.
