Are you a government contractor struggling with a contract dispute or claim? Many companies spend thousands of dollars disputing technical issues when submitting contract claims against the federal government and dealing with the Contract Disputes Act of 1978 (CDA). Our team focuses on avoiding those costly legal mistakes.
FAR. 33.206 Initiation of a Government Contract Claim.
The CDA articulates a set system for resolving disputes between contractors and a procuring agency relating to the performance of most procurement contracts. Contractors must first submit a formal claim seeking a contracting officer’s final decision.
The attorneys at Watson & Associates, LLC assist small businesses and larger government contractors in assessing and resolving contract disputes from Federal Government Contracts and Subcontracts. The law firm often helps prepare requests for equitable adjustment (“REA”) and Contract Disputes Act of 1978. (“CDA”) contractor claims.
Before taking a chance and making costly mistakes, we can help you to assess your claims or dispute and can vigorously represent your company in litigation and appeal proceedings.
As a government contract claims law firm, our attorneys can represent federal contractors before the Boards of Contract Appeals, the U.S. Court of Federal Claims,the U.S. Court of Appeals for the Federal Circuit and Supreme Court of the United States.
Attorneys specializing in government contract disputes: Our team of government contract claims lawyers specialize in helping small business government contractors and large defense contractors navigate the complex world of government contract claim disputes. We understand the unique challenges you face and are here to help you resolve any issues quickly and effectively.
Under FAR. 33.206, Contractor claims shall be submitted, in writing, to the contracting officer for a decision within 6 years after accrual of a claim unless the contracting parties agree to a shorter time period. This 6-year time period does not apply to contracts awarded prior to October 1,1995. The contracting officer shall document the contract file with evidence of the date of receipt of any submission from the contractor deemed to be a claim by the contracting officer.
Don’t let a contract dispute or claim derail your business. With our assistance, you can protect your company’s reputation and bottom line. Our extensive knowledge and experience with contract claims against the federal government make us the go-to resource for resolving contract disputes and claims.
Tip: Check Your Claims for Accuracy and Support. If Not, You Can Be Charged Under the False Claims Act.
What is The Contract Disputes Act of 1978?
The United States Congress enacted the Contract Disputes Act in 1978 to provide a framework for resolving disputes between contractors and the government. The CDA outlines how claims should be handled and resolved, as well as provides remedies for parties that are not satisfied with how their claim has been handled at the agency level.
This is where most contractors make costly mistakes: The Contract Disputes Act and its application to preparing and submitting contract claims against the government is where most contractors make huge mistakes.
At Watson & Associates, LLC our team of experienced government contract claims and disputes lawyers, specializes in guiding clients through the intricate landscape of the Contract Disputes Act. With their deep understanding of government contracting regulations and their expertise in dispute resolution, our lawyers provide invaluable assistance to clients facing government contract claims disputes with federal agencies.
Through their comprehensive knowledge and strategic approach, our lawyers effectively navigate the complexities of the Contract Disputes Act of 1978, providing clients with the guidance and representation they need to protect their rights and achieve successful outcomes in contract disputes with the government.
Contract Disputes Act of 1978 Immediate Help
The Contract Disputes Act (CDA) set forth a system that begins with the agency contracting officer, an agency official authorized to enter into, administer, and terminate contracts on behalf of the federal government.
What is the role of the contracting officer in resolving disputes under the Contract Disputes Act? The contracting officer plays a dual role in the FAR contract dispute process, both representing the government as a party to the contract and rendering decisions on government contract claims arising out of disputes between the government and the contractor.
If a dispute arises during contract performance that cannot be amicably resolved (e.g., through exchange of correspondence or negotiation), the contractor can invoke the procedures of the Contract Disputes Act by presenting a certified government contractor claim to the contracting officer.
The claim must be in writing, provide adequate notice to the government of the basis for the demand and the relief sought, and clearly indicate the contractor’s request for a decision from the contracting officer.
Government Contract Claim Certification Requirements
In addition, for any government contractor claims over $100,000, you must certify that “the claim is made in good faith, that the supporting data are accurate and complete to the best of the contractor’s knowledge and belief, [and] that the amount requested accurately reflects the contract adjustment for which the contractor believes the Federal Government is liable.” The certification also must state that the person who is certifying is “authorized to certify the claim on behalf of the contractor.”
Reason for Contract Claim Certification Language?
The CDA. certification provision is incorporated to discourage inflated federal contractor claims. Much of this controversy was reduced by a recent change in the CDA stating that a defective certification does not deprive a court or an agency board of contract appeals of jurisdiction over the claim. 41 U.S.C. § 7103(b)(3).
With law offices in Washington, DC and Denver, Colorado our government contract claims and disputes lawyers help with:
- Differing site conditions
- Contract changes and Statement of Work Disputes.
- Release of Claims
- Litigation and Appeals of Contracting Officer’s Final Decision
Contact us today to schedule a consultation and get the help you need to resolve your government contracts dispute or claim. Call 1.866.601.5518.
Avoid Costly Mistakes When Applying the Contract Disputes Act of 1978
Federal procurement attorneys specializing in government contract claims nationwide: When engaging in business with the government, contract claims disputes can quickly arise and lead to costly legal mistakes.
Knowing how to navigate and manage these disputes is key for both businesses and individuals. We will discuss our government contract claims services, the Contract Disputes Act of 1978, appealing a contracting officer’s final decision, and tips for hiring a qualified government contract appellate lawyer. We will also look at recent court decisions that have shaped the law in this area.
How Watson & Associates, LLC Federal Contract Disputes Lawyers Can Help You?
When dealing with a government contract dispute, the process can be complicated and the stakes are high. Watson & Associates, LLC Federal contractor dispute lawyers understand how difficult it can be to navigate these disputes. Our team of experienced claims and government disputes attorneys specializing in government contracts will help you throughout the process, from preparing you to file the administrative claim to appealing a contracting officer’s final decision.
Our contractor dispute attorneys are well-versed in the nuances of government contract claims and know how to assess cases for potential success. We have successfully represented clients in numerous contract disputes, from claims involving the Veteran’s Administration (VA), and Department of Defense to the various military branches. Our contract dispute lawyers have also successfully argued cases before the Armed Services Board of Contract Appeals, the Court of Federal Claims, and other tribunals.
See Tips On How to File a Contract Disputes Act Claim
What are Common Mistakes Made When Submitting a Contract Disputes Act Claim?
When filing a Contract Disputes Act claim(CDA), federal contractors may inadvertently make certain mistakes that can negatively impact the outcome of their claim. Here are some common errors to avoid:
- Failure to adhere to notice requirements: The Contract Disputes Act of 1978 has specific notice requirements, including deadlines for providing written notice of the claim to the contracting officer. Contractors may miss these deadlines or fail to provide the required information in the notice, which can lead to the claim being dismissed.
- Inadequate documentation: Contractors must maintain thorough and well-organized documentation to support their contract claims. This includes contracts, amendments, correspondence, invoices, receipts, and any other relevant records. Insufficient or disorganized documentation can weaken the contractor’s case and make it harder to substantiate the claim.
- Lack of specificity and clarity: When preparing the claim, it’s crucial to be specific and clear in describing the basis of the claim, the damages suffered, and how the government’s actions or inactions led to those damages. Vague or ambiguous claims may be difficult to evaluate, resulting in delays or a less favorable outcome.
- Failing to quantify damages: Contractors must provide a detailed calculation of the damages suffered, including supporting documentation and explanations for the costs claimed. Failing to quantify damages or providing inaccurate or unsupported calculations can undermine the claim’s credibility.
- Inadequate legal analysis: Contractors should ensure that a solid legal basis supports their claim. This requires a thorough understanding of the relevant contract provisions, regulations, and applicable case law. Inaccurate or incomplete legal analysis can weaken the claim’s validity.
- Lack of proactive communication: Contractors should maintain open and proactive communication with the contracting officer throughout the claim process. Failure to engage in constructive discussions, provide requested information promptly, or address concerns raised by the government can hinder the resolution of the dispute.
- Not seeking legal counsel when needed: Complex contract disputes may require the expertise of procurement lawyers who specialize in government contracts. Failing to seek legal counsel when necessary can result in missed opportunities, inadequate legal arguments, or misunderstandings of the legal requirements.
To maximize the chances of a successful claim, contractors should carefully review the requirements of the CDA, maintain meticulous documentation, seek legal advice if needed, and adhere to all applicable procedures and deadlines. Doing so can help avoid common mistakes and improve the overall effectiveness of the claim process.
Contract Disputes Act Claim Process- The Basics
Government contracts are subject to various rules and regulations, which can lead to disputes between the contracting parties. The Contract Disputes Act of 1978 (CDA) provides an administrative claims process for resolving contract disputes without resorting to litigation. It applies to all contracts for the procurement of goods and services between the federal government and any private entity. Under the CDA, a party can file a government contract claim for money or other relief against the government. After a proper legal submission. The contracting officer must then issue a final decision with respect to the claim within 60 days. If you are a small business or defense contractor and need Contract Disputes Act legal assistance, give us a call right away at 1.866.601.5518.
Constructive Change Contract Disputes
Constructive change contract disputes occur when the government requests changes to the scope of work under a contract after it has been awarded.
These changes, referred to as constructive changes, are typically not addressed in the original contract and require additional time and resources to complete. The CDA provides a framework for Government contract dispute resolution related to constructive changes by requiring the contracting officer to issue a final decision within 60 days.
Contractor dispute resolution: Companies with contract disputes with the government have the right to seek relief if they believe that the change was outside of the scope of their original agreement or was made without proper authorization. Contractors can also file government contract claims for additional costs incurred due to these changes. It is important to consult with a government contractor dispute attorney. when filing a constructive change claim to ensure that all of their rights are protected.
The Appeal of the Contracting Officer’s Final Decision
If a contracting party is unhappy with the final decision issued by the contracting officer, they can file an appeal. Appeals are heard by the Armed Services Board of Contract Appeals (ASBCA), which hears cases involving disputes pertaining to military contracts. The Board of Contract Appeals and the Civilian Board of Contract Appeals (CBCA) both hear appeals from civilian contract disputes. Contractors can also appeal the decision to the U.S. Court of Federal Claims.
When submitting claims to the federal government, contractors should also avoid making any of the following mistakes:
1. Filing the claim before all facts have been discovered and documented.
2. Not submitting sufficient evidence to support the claim.
3. Not providing supporting documentation for any costs incurred as a result of the dispute.
4. Not providing a clear explanation of how the contractor was affected by the change or delay in order to establish causation and damages.
5. Failing to file an appeal if dissatisfied with the contracting officer’s final decision in a timely matter
6. Failing to establish the proper legal theories to either show why the contract was breached etc. This is where our government claims lawyers can be beneficial. You cannot raise new issues on appeal. All issues and legal theories MUST be presented to the contracting officer.
Avoid Denials Due to Previous Release of Claims and Accord and Satisfaction
Government contract disputes resolution: Release of Claims Government Contract forms and Accord and Satisfaction (A&S) are two important contractual concepts that can have a decisive impact on the outcome of a government contract dispute. These two processes involve the agreement between parties to release any claims they may have against one another and to settle any disputes that may arise. If either party fails to adhere to this agreement, they risk having their claim denied by the government.
Contact a Government Contract Claims Lawyer Today
Contractors should always consult with an experienced government Contract Disputes Act of 1978 attorney before submitting a claim to the federal government. These claims can be complex and require careful consideration of the applicable law and regulations. Our contractor dispute attorneys have successfully represented clients in numerous government claim disputes, from constructive changes to delay claims.
For Immediate help, call our government contract claims lawyers today at 1.866.601.5518 for a FREE initial Consultation.