GOVERNMENT CONTRACT DISPUTES

On this page, you will find a discussion of the types of government contract work that we do. This type of work is also closely related to our commercial contract work and our construction contract work.

But, first, we should tell you a few things about federal government contracts--specifically receiving additional money for your work or getting additional time to do the work.

The federal government contract area is ruled by the Contract Disputes Act (CDA) of 1978. Many people are not familiar with its details, when it mandatorily must be utilized--and they get into trouble by not following it:

If you need to recover for unexpected money that you have spent on a government contract, there is basically only one way to do that--a CDA claim.

Many people think Requests for Equitable Adjustments (REAs) are the principal way to get additional money for extra work on a government contract. Wrong. There is no real legal basis for such a position--it is all just custom in usage, and nothing else.

The CDA must be utilized in almost all instances to receive additional funds from a government contracting officer. And to do that you need to know how to present your CDA claim to the contracting officer.

If you are behind schedule and need additional time, you probably do not want to simply write the government a letter and say that. You probably want to submit a CDA claim as the more modern court decisions are requiring.

Government contracts is an area of art and informality--or so most people think. The problem is when you follow the easy, informal ways, and do not think things through and use the available statutory techniques provided by the CDA, you can get into serious trouble.

Talk to someone who really understands all of these issues before you make significant company decisions on extra work payments, and the need for extra time for delays. We will not charge for any work on initial consultations until the client fully understands and agrees to what needs to be done.

Speak to us about your government contract concern

Resources related to the Contract Disputes Act:

Featured

Not Being Paid Fairly on Your Federal Government Contracts? Utilize the Contract Disputes Act of 1978 to Cause Payment.

Using the Contract Disputes Act of 1978 to pursue claims against the government arising from a government contract. Distinguishing CDA claims from informal requests for equitable adjustment (REA), and deciding when to submit a claim.

Altering Your Government Contract’s Price or Schedule: A Guide to REAs and CDA Claims

Contractors draft and submit Requests for Equitable Adjustments (REA’s) and "claim" documents to persuade the other contracting parties (often Government agencies) that an adjustment to the contract is needed, due to events occurring after award and generally during performance. Such adjustments may consist of either an increase or decrease to the contract price or an adjustment to other terms and conditions—such as schedule.

What Do I Need to Show Proof of Recurring Patterns of Claims? Contractor Proof and Government Defenses

There are standard patterns into which Federal Government contract claims fall. These patterns are very similar at the State and Local Government levels, as well as commercially. Set out in this article are the elements that the contractor must prove, case law support for them, and areas in which contractors are generally weak in their claim submissions, as well as areas of defense open to the Government or other contracting parties.

The Overuse and Misuse of the Defective Specifications Claim Basis

Understanding the proper use of defective specification arguments when submitting a claim or REA to the government to recover costs on your government contract.

Pricing of Claims: Techniques and Defenses

Pricing government contract claims requires intimate knowledge of how those costs are calculated. This article describes how to properly assess those costs.

Requests for Equitable Adjustments and Government Contract Claims: Preparation and Defense

This text contains a comprehensive explanation of the Federal Government REA process. Contractors draft REA and “claim” documents to persuade the other contracting parties (often Government agencies) that an adjustment to the contract is needed, due to events occurring after award and generally during performance. Such adjustments may consist of either an increase or decrease to the contract price or an adjustment to other terms and conditions—such as schedule.

Debt Collection Requirements – Government Discretion

This article discussed what is still one of the most unclear areas in federal Government contract litigation: when and how the Government must assert its claims against the contractor under the Contract Disputes Act. What is certain is that if the Government has a claim against a contractor, it must assert that claim in a final decision for it to be effective.

Real World Examples: Problems and Solutions for REAs and CDA Claims

We've compiled 21 of our favorite case studies. Read how REA and CDA claims play out in situations based on cases we've tried.

GOVERNMENT CONTRACT DISPUTES

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