Have you ever played hide and seek? If you are the seeker, do you win the game when you find the hidden person? Yes, of course!
Unless, you’re a government contractor seeking “hidden” requirements that seem to pop-up around every corner. Just when it seems you’ve found the answer, requirement, specification, or drawing detail, the government replies that you missed something and should have kept seeking.
Do not fear, you may yet win this round. Give notice, track your costs, and organize the documents supporting your position. Later you may submit a claim.
Under a recent design-build project for the U.S. Navy, the contractor submitted claims for extra work on the construction of a dormitory at Aviano Air Base in Italy. Although the ASBCA denied the appeal because the contractor didn’t consider the many requirements that were incorporated into the contract by reference (not verbatim), the case provides a good lesson for contractor’s –
When it seems you’ve found the answer, keep looking to ensure the answer doesn’t change.
Appeals of A.T.I. Tacose S.C.a R.L., ASBCA Nos. 59157 and 59200 (Jan. 4, 2017).
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.
Government Must Review Claims in Good Faith, Not “Conjure Up” a “Baseless Retaliation”
A contracting officer’s review of certified claims submitted in good faith is not intended to be a negotiating game where the agency may deny meritorious claims to gain leverage over the contractor.
