News & Analysis as of

Request for Equitable Adjustment Federal Contractors

Davis Wright Tremaine LLP

Federal Contractors Need a New Leading Case on Releases

Let's talk about releases and, in particular, the leading Federal Circuit case regarding releases that involve delay and cumulative impact. Bell BCI v. United States, 570 F.3d 1337 (Fed. Cir. 2009), involved the...more

Whitcomb Selinsky, PC

D.C. Court of Appeals Upholds Decision on Fort Myer Construction's REA

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This court opinion from the District of Columbia Court of Appeals focused on a petition for review that was filed by the District of Columbia against the District of Columbia Contract Appeals Board (CAB) and Fort Myer...more

Whitcomb Selinsky, PC

REA Claims from Joint Ventures: Lessons from BCC-ZAAZTC

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Joint ventures can lead to complex contractual arrangements and potential disputes over authority and claim submissions. In this blog post, we delve into a case involving a joint venture between BCC and ZAAZTC, known as...more

Morrison & Foerster LLP - Government...

Contracting In The Fog Of War: Recovering Costs Related To COVID-19

Like the COVID-19 virus, COVID-related contract claims have not gone away. In “Contracting in the Fog of War: Recovering Costs Caused by an Epidemic,” we reported on Pernix Serka Joint Venture v. Department of State, CBCA...more

Wiley Rein LLP

End of the Federal Contractor COVID-19 Vaccination Mandate

Wiley Rein LLP on

WHAT: The Biden Administration announced the rescission of its COVID-19 vaccination requirements for government contractors along with federal employees and certain healthcare workers. The President followed this announcement...more

Fox Rothschild LLP

Challenging CPARS Performance Evaluations through the Contract Disputes Act

Fox Rothschild LLP on

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

PilieroMazza PLLC

[Webinar] Termination for Convenience: How to Prepare Your Settlement Proposal - December 15th, 2:00 pm ET

PilieroMazza PLLC on

Nearly every government contract has a clause that allows the government to terminate the contract, or a portion of the contract, for convenience (i.e., when the government has determined that it no longer needs the goods or...more

Fox Rothschild LLP

CDA Claims vs. Requests for Equitable Adjustment

Fox Rothschild LLP on

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

Wiley Rein LLP

Claim or REA? Final Decision or Not? These Questions Can Be Hard, but They Are Important for Appeal Jurisdiction

Wiley Rein LLP on

Contractors often face disagreements with their agency customers during performance – maybe an unforeseeable delay, a cost spike, or some sort of change – that prompts action involving the contract terms. This action might be...more

Whitcomb Selinsky, PC

The Case of the Price Adjustment Clause

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In this instance, the Armed Services Board of Contract Appeals (ASBCA) decided the case of the Appeals of Sonoran Technology and Professional Services, LLC, ASBCA No. 61040.  The ASBCA deals with contract disputes that arise...more

Wiley Rein LLP

DOD Signals Potential Inflation Relief for Fixed Price Contracts

Wiley Rein LLP on

WHAT: The U.S. Department of Defense (DOD) is now signaling that it may be more willing to consider requests for equitable adjustment to firm-fixed-price contracts to compensate contractors for the effects of inflation....more

PilieroMazza PLLC

Identifying and Quantifying Government Contract Claims

PilieroMazza PLLC on

Filing a claim against a government agency to recover time and/or money related to a contract can be a daunting process. Understanding the claims process and, if necessary, the appeals process is essential. Whether...more

Adams and Reese LLP

DOD Addresses Inflation-Based Requests for Price Adjustments

Adams and Reese LLP on

Prices are going up everywhere — at the supermarket, at the gas station, and online — with no apparent relief in sight. Construction is feeling it, too, with costs of materials skyrocketing. Unfortunately, based on recent...more

Morgan Lewis

Federal Circuit Decision Further Muddies Path to Compensation for Government Contractors

Morgan Lewis on

In Zafer Construction Company v. United States, the US Court of Appeals for the Federal Circuit reaffirmed that a request for equitable adjustment by a contractor will be treated as a “claim” within the meaning of the...more

Blank Rome LLP

Lifecycle of a Claim, Part II: Submitting a Request for Equitable Adjustment and Negotiation

Blank Rome LLP on

Welcome back to our “Lifecycle of a Claim” series. This series explores the Contract Disputes Act claims process, with practical guidance stemming from recent case law every step of the way. ...more

Cohen Seglias Pallas Greenhall & Furman PC

[Ongoing Program] Part Three: Common Mistakes During the REA, Claim, and Appeal Process - October 6th, 12:00 pm - 1:00 pm ET

Avoiding Common Mistakes in Federal Construction Contracting: A Three-Part Webinar Series - Contracting with the federal government on construction projects is full of traps for the unsuspecting, and the potential rewards...more

Cohen Seglias Pallas Greenhall & Furman PC

[Ongoing Program] Part Two: Common Mistakes During Project Performance - September 13th, 12:00 pm - 1:00 pm ET

Avoiding Common Mistakes in Federal Construction Contracting: A Three-Part Webinar Series - Contracting with the federal government on construction projects is full of traps for the unsuspecting, and the potential rewards...more

Cohen Seglias Pallas Greenhall & Furman PC

[Ongoing Program] Part One: Common Mistakes During the Bid and Proposal Preparation - August 18th, 12:00 pm - 1:00 pm ET

Avoiding Common Mistakes in Federal Construction Contracting: A Three-Part Webinar Series - Contracting with the federal government on construction projects is full of traps for the unsuspecting, and the potential rewards...more

PilieroMazza PLLC

[Webinar] Identifying and Quantifying Government Contract Claims - August 17th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

Filing a claim against a government agency to recover time and/or money related to a contract can be a daunting process. Understanding the claims process and, if necessary, the appeals process is essential. Whether...more

Whitcomb Selinsky, PC

Does the Government Owe You Money? When to File An REA in Your Government Contract

Whitcomb Selinsky, PC on

Your firm was recently awarded a government contract, but the contract solicitor has delayed the project and has added changes to the agreement that make it more expensive to perform. You find yourself asking these questions:...more

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 12

Jenner & Block on

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Bradley Arant Boult Cummings LLP

New DoD Guidance on Inflation and Economic Price Adjustments

In response to industry questions about economic price adjustments for inflation, the Department of Defense (DoD) recently issued Guidance on Inflation and Economic Price Adjustments...more

Whitcomb Selinsky, PC

[Webinar] Does the Government Owe You Money? When to File An REA in Your Government Contract - June 29th, 10:00 am - 11:00 am MDT

Whitcomb Selinsky, PC on

Your firm was recently awarded a government contract, but the contract solicitor has delayed the project and has added changes to the agreement that make it more expensive to perform. You find yourself asking these questions:...more

PilieroMazza PLLC

[Webinar] Supply Chain Pain: How Government Contractors Can Get Relief for Supply Chain Problems - May 24th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

With sanctions on Russia, competition with China, runaway inflation, and the long-term fallout of COVID-19, supply chain issues continue to adversely impact government contractors. As these issues only escalate, companies...more

Cohen Seglias Pallas Greenhall & Furman PC

Settlement Strategy is More Important than Litigation Strategy

In the world of federal government contract disputes, a great deal of time is frequently spent drafting a request for equitable adjustment (REA) or a claim under the Contract Disputes Act. Both of these actions are often a...more

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