Additional Compensation from the Government: A Brief Comparison of REAs and Claims
Going to the Court of Federal Claims or the Boards of Contract Appeal
Attention contractors – have you heard about “negligent negotiations”? A trio of interesting – but arguably contradictory – Board of Contract Appeals decisions addressing this theory of recovery have opened up potential new...more
Attention contractors – there is a new theory of recovery to consider! …Or, is there? Truth is, it might depend on what agency you are doing business with, and where you bring your case....more
The so-called “zone of reasonableness” standard has been long applied by federal courts and boards of contract appeals in evaluating contract interpretation when the contract is deemed ambiguous – meaning that it is...more
When a contractor delivers goods to the government that do not conform to the precise requirements of the contract, the results are usually . . . not good. When the agency specifies certain products in the contract, the...more
Two recent decisions – one from the U.S. Civilian Board of Contract Appeals and the other from the U.S. Court of Federal Claims – provide opposing holdings on whether the government can raise a “Severin doctrine” defense to...more
The Civilian Board of Contract Appeals (“Board”), the court with jurisdiction over the General Services Administration and other non-defense executive agencies, denied a contractor’s claim for increased labor and equipment...more
Last year provided a number of important claims and cases that further developed various aspects of litigation regarding the Contract Disputes Act (CDA). The major issues raised in some of the more notable claims include...more
Forrest Gump’s mama was a brilliant woman. As anyone who watched the 1994 Academy Award-winning classic can confirm, Mrs. Gump’s advice to her son provided an indispensable well of wisdom from which Forrest often drew to...more
In the prior issue of this newsletter, we included an article on the high standard of proof and the practical considerations for a federal government contractor claiming that the federal government acted in bad faith in its...more
A recent Maryland Board of Public Works meeting addressed whether the state has flexibility in applying minority business enterprise (MBE) regulatory requirements in State contracts....more