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Lesson Learned: Board Holds that Only the Contracting Officer Can Bind the Government

Most government contracts include a Changes clause (notably, FAR 52.243-1), which grants the Government the right to order changes to the scope of the contractor’s work. That clause also entitles the contractor to an...more

CDA Claims: Delay Damages for an Early Finish?

One of the most common concerns for federal contractors is delay. Projects can fall behind schedule for a variety of reasons that are outside of the contractor’s control (government-directed changes, differing site...more

CDA Claim Series Wrap Up: Best Practices for Government Contactors

This is the eighth (and last) of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors...more

Challenging CPARS Performance Evaluations through the Contract Disputes Act

This is the seventh of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to...more

Handling Subcontractor Pass-Through Claims Under the CDA

This is the sixth of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to recover...more

Contractor vs. Government Controversies Not Subject to the CDA

The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more

CDA Claims vs. Requests for Equitable Adjustment

So, if you are owed time and money on a contract, should your next move be a CDA Claim or an REA? There is no one-size-fits-all answer – and contractors should carefully consider their own unique circumstances before...more

Practical Litigation Strategies for CDA Claims

This is the third of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to recover...more

Essential Elements of CDA Claims – Tips and Latest Trends

Federal contractors that experience government-caused increases to the cost/time of performance have a direct route for seeking an adjustment to their contract – the Contract Disputes Act (CDA)....more

COFC Highlights Importance Of Proving Damages In CDA Claims

Contract Disputes Act (CDA) claims offer Government Contractors the opportunity to recover costs incurred due to Government-caused changes or delays. While the initial focus often rests on proving liability, a recent Court of...more

ASBCA Offers Latest Reminder That Plain Language Controls Government Contract Interpretation

Two weeks ago, I presented on Common Issues in Government Contract Interpretation. The course examined common issues encountered by government contractors in bidding on and performing government contracts – as well as the...more

New COFC Decision Highlights Danger Of Contract Modifications On CDA Claims

The Contract Disputes Act (CDA) provides a remedy for contractors seeking to recover additional time or costs on a government contract (as part of a Claim or Request for Equitable Adjustment). But when the basis for recovery...more

Litigation Update: Contractor Not Entitled To Delay Costs Based On Access To Information Included In Its Contract

Understanding claims under the Contract Disputes Act is an essential skill for government contractors. Claims (and related requests for equitable adjustment) are by far the most common remedy for contractors seeking to...more

CPARS Challenge Primer: Formal Claim Required To Appeal Negative Performance Evaluation

For federal contractors, it is not an exaggeration to say that performance evaluations are the lifeblood of the business. A less-than-satisfactory evaluation in the Contractor Performance Assessment Reporting System (CPARS)...more

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