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).
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.
