How often do you get (or give) Halloween treats without the magic words, “Trick or Treat!”?
Many Government Contractors are aware of and careful to include a proper certification of their contract claims to the Federal Government, as required by the Contract Disputes Act. But, they should also expressly request a Contracting Officer’s Final Decision on the claim. Without an express, or at least implied, request the various Boards of Contract Appeals may have no choice but to dismiss a Contractor’s later appeal.
Without a request for a contracting officer’s final decision, claimants may seek treats, but get tricked instead.
Appeal of Andrews Contracting Services, LLC, ASBCA No. 60808 (May 22, 2017).
Maropakis Carpentry, Inc. v. U.S., 609 F.3d 1323 (Fed. Cir. 2010).
Roads & Bridges
Where Does the Buck Stop?
Jon is a monthly contributor to Roads & Bridges magazine. He has been writing the law section for the magazine since January 2020. The link below will take you directly to the Roads & Bridges […]
Pay-If-Paid Unenforceable in Virginia Starting Jan. 1, 2023
As of Jan. 1, 2023, pay-if-paid clauses are unenforceable, regardless of whether a surety/payment bond claim is involved. This is only for subcontracts created on/after 1/1/23.
Also for subcontracts created on/after 1/1/23, the prime must specifically […]
How Short is Too Short
A limitations period is too short when it’s unreasonably short.
Construction Contracting Without Relief Clauses During COVID-19
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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 for time and money.
On a flood control project near Nogales, Arizona, severe flooding […]
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.
Jonathan J. Straw
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