Barbara Werther

Barbara Werther


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Latest Publications


Todd Construction v. United States: Navigating Performance Evaluation Claims in the Court of Federal Claims

A default termination can be a nightmare for a contractor that bids on federal projects, but a negative performance evaluation can prove just as troublesome for a contractor that finishes the job. The Federal Acquisition...more

2/4/2015 - Construction Industry Contract Disputes Court of Federal Claims FAR Federal Acquisition Regulations Federal Contractors Judicial Review Jurisdiction Performance Reviews Termination Clauses

Finally - A Different Result for a Government Contractor's Differing Site Condition Claim

For any government contractor that has had a differing site condition claim denied despite relying on a government geotechnical report about the subsurface conditions of the project site, the U.S. Court of Appeals for the...more

4/20/2014 - Breach of Contract Construction Contracts Construction Site Covenant of Good Faith and Fair Dealing Delays Disclaimers FAR Federal Contractors Liquidated Damages Request for Proposals Risk Allocation Site Condition Claim Soils Report Subsurface Conditions

How Sequestration May Impact Government Construction Contracts

Pursuant to the Budget Control Act of 2011, sequestration is the process by which automatic across-the-board spending cuts are being imposed on government programs. Because Congress was unable to reach an agreement by its...more

3/5/2013 - Anti-Deficiency Act Contractors Federal Funding Sequestration Spending Cuts

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