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).
Acceptance and Intervening Cause Avoided Construction Warranty Claim
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Insurance Company Had No Duty to Defend Under Eight Corners Rule
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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”
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Termination for Convenience was OK to Get a Lower Price
When Massachusetts’ highest State court rejected Federal law on termination for convenience (T4C) a public entity’s “sole discretion . . . for […]
Pirates (Parties) Should Arbitrate Arbitrability
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Very Bad Behavior Without Bad Faith is Not a Breach of Contract
Despite “abhorrent” behavior by the Army Corps of Engineers, a majority of the Armed Services Board of Contract Appeals held there was […]
Government Construction Contracts Require Bonds, Even When Contract Doesn’t Say So
Yesterday (Nov. 5, 2018), the Fed. Cir. Ct. of Appeals again endorsed the Christian doctrine, which can make unstated requirements part of a government contract.
Government’s Negligent Estimate a Trick?
The Government’s negligent estimate failed to provide the “most current information available.”
