Construction project professionals routinely send e-mails with “signatures,” which typically include the sender’s typewritten name, title, contact information, and/or company logo. But, this sort of e-mail “signature” is not enough to certify a claim to the Government.
A recent decision of the Armed Services Board of Contract Appeals dismissed an appeal by finding the claimant’s typical e-mail signature was not enough to properly certify a claim. The Board stated proper signatures could have been handwritten or digital (as applied in a pdf).
On a project for the U.S. Army Corps of Engineers at Manas International Airport, Kyrgyzstan, the Contractor submitted a claim by attaching it to an e-mail. The Contractor properly included all the words certifying the claim in the body of the transmittal e-mail. The “Director” for the Contractor “signed” the e-mail with his typewritten name, title, and contact information (a typical e-mail “signature” block).
Under FAR § 2.101, a proper signature is “a discrete, verifiable symbol of an individual.” Under this Board decision, there are two proper signatures:
- A handwritten signature or
- Digital signature (as in a pdf).
But, other types of proper signatures could include:
- Fingerprint or
- Photograph of your face (think about unlocking an iPhoneX).
These other types were not addressed by this Board decision, but could be considered “discrete, verifiable symbol(s) of an individual.” Nevertheless, I would stick with the tried and true handwritten signature.
Interestingly, the Board did not discuss how a password necessary to digitally sign a pdf compares to the password access necessary to send an e-mail. If the two are comparably secure, then a typewritten e-mail signature block should be as effective as digitally signing a pdf.
Linking Obligations
If you want to bind the subcontractor to the prime in every way the same as the prime is bound to the owner, then the incorporation clause of the subcontract should be: . . .
Termination of Government Contracts for Convenience (T4C)
Imagine you’re a Government Contractor under a firm, fixed-price contract and you’ve done nothing wrong. Nevertheless, the Government has decided to unilaterally end its contract with you. Yes, the Government can do this...
Government Contractors: Build a Snowman in August
As a Government Contractor, when have you agreed to perform a certain way, but later realized that another way is better for everybody? When the Government agrees, expressly or impliedly, to the alternative performance, it waives a credit for the unperformed work.
Construction Dispute Settlement: Dealing with Details
Reap the benefits of settling a construction dispute by doing these things.
E-mail Signature Not Enough to Certify a Claim
Construction project professionals routinely send e-mails with “signatures,” which typically include the sender’s typewritten name, title, contact information, and/or company logo. But, this sort of e-mail “signature” is not enough to certify a claim to the Government.
Government Contractors: Ask for a “Sum Certain” in Your Claim
If your Claim includes an item for damages with an amount “TBD,” you could lose the entire Claim.
Contractors: Be Aware When Contracting with Virginia Public Agencies
Without a valid contract, a Virginia public entity has no duty to to pay for any of your work.
Constructive Acceleration
Contractors know that time is money. So, the point is clear when expressly told to “Speed Up! Go Faster!”
But, what do you […]
Construction Contracts & Whodunit
Imagine reading a crime novel and just when you think you figured out whodunit, a plot twist suggests a different culprit. In construction contracting, finding the right answer can be a difficult task when
