Contract Disputes Act

News & Analysis as of

How Subcontractors Can Protect Themselves Following Binghamton Simulator

Subcontractors often play important roles in government contracting. A subcontractor may, for example, take the lead in drafting what becomes a winning proposal. A subcontractor may work on a day-to-day basis with...more

Court of Federal Claims Holds that Contractor’s Defense of Defective Specifications Is Not an Independent Claim Requiring...

Total Eng’g, Inc. v. United States, 2015 U.S. Claims LEXIS 30 (Fed. Cl. Jan. 26, 2015) - The United States Army Corps of Engineers (the “Government”) awarded a contract to Total Engineering, Inc. (“Total”) for preliminary...more

Sikorsky and its Impact on Claims Submission

In December 2014, the Court of Appeals for the Federal Circuit issued an important decision that impacts how the 6 year statute of limitations (SOL) is applied under the Contract Disputes Act (CDA). ...more

When Should you File a Contract Disputes Act Claim?

Under the Contract Disputes Act (“CDA”), a contractor must submit a claim within six years of accrual of the claim. A claim is simply a written demand for payment directed to the contracting officer (“CO”) that indicates that...more

Follow the Rules or Get the Boot: A Lesson in Following the CDA Prerequisites

The Contract Disputes Act (“CDA”), which governs disputes between contractors and the federal government, sets forth the rules for appealing a Contracting Officer’s Final Decision (“COFD”) to the Boards of Contract Appeals...more

Include A Clear and Unequivocal Statement in Your CDA Claim

As most contractors are aware, the Contract Disputes Act requires that a contractor must present the Contracting Officer with a certified claim prior to proceeding with a formal claim before the Board of Contract Appeals or...more

Prompt Payment Act Interest Decreases

Since 2008, when the PPA and CDA interest rates were as high as 5 5/8 % per annum, the interest rates under the PPA and CDA have trended downward to a low of 1 3/8 % per annum for the first half of 2013. ...more

Government Defenses of Defective Certification and the Severin Doctrine not a Silver Bullet

Recently, in Group Health Inc. v. Dep’t of Health & Human Services, the Civilian Board of Contract Appeals (CBCA) issued a noteworthy decision on defective Contract Disputes Act (CDA) certification issues and the so-called...more

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