Ratification, Changes, and Unauthorized Commitments
INTRODUCTION On occasion, a contractor has likely experienced a Government representative requesting a change to the work outlined in a construction contract. If the additional work requested…
Timing and Proper Filing of Claims – Consequences of Misunderstanding
INTRODUCTION A contractor needs to understand proper procedure and timing when filing a claim against the Government. The claim process can be difficult for a contractor to…
Stop-work Orders – How will you manage the return to work?
THE 30-DAY PERIOD TO FILE A CLAIM INTRODUCTION Some contractors may not be aware that in the event of a stop-work order, if the order is lifted,…
Rights & Remedies Under The Miller Act
HISTORY The Miller Act, 40 U.S.C. §§ 3131-3134, was enacted in 1935 and replaced the original Heard Act of 1894. (http://congressionalresearch.com/97-751/document.php) The Heard Act of 1894 was…
False Claims Act, Part III: Trends and Expansion of the False Claims Act
PART III: TRENDS AND EXPANSION OF THE FALSE CLAIMS ACT INTRODUCTION The False Claims Act (FCA) 31 U.S.C. §§ 3729–3733, was enacted to impose liability for contractors…
If you think you know the ramifications under the False Claims Act, think again!
PART II: A ISSUES INVOLVING PENALTIES, “QUI TAM” ACTIONS, AND UNDERBIDDING AS A SOURCE OF LIABILITY INTRODUCTION As discussed in Part I, the False Claims Act (FCA)…
Contract Value = Value Of Loss
SMALL BUSINESS ADMINISTRATION FINAL AMENDED RULE “BOLSTERS” SMALL BUSINESS CONTRACTING PROGRAMS INTRODUCTION With the release of its Final Rule concerning the size and status of small businesses,…