VA’s Nightmare Breach: Part II – Walking Away
This Part II will focus on the fallout of a material breach, including the right to stop work and the options for both the breaching and non-breaching parties.
VA’s Nightmare Breach: Part I – Material Breach and Walking Away
Much has been written about the now infamous Department of Veterans Affairs’ (VA) medical facility construction project in Aurora, Colorado, which is projected to have over $1 billion in cost overruns (projected final cost of approximately $1.7 billion). The storylines include Kiewit-Turner…
Termination for Convenience
INTRODUCTION All Government contracts are subject to the Termination for Convenience Clause (FAR 49.502). This clause allows the Government to terminate a contract whenever “…it is in…
Contracting Officer’s Final Decision
INTRODUCTION A Contracting Officer (CO) must support their final decision on a contractor claim with some type of finding of fact. While the Contracting Officer’s Final Decision…
Differing Site Conditions: Type I
INTRODUCTION Differing Site Conditions are commonplace in the construction arena. Contractors can potentially incur significant increases in costs and time when addressing and working with these newly…
Differing Site Conditions: Type II
INTRODUCTION Contractors who experience, and can prove, differing site conditions can recover certain costs associated with the impact of working around that site condition. A recent decision…
Stop-Work Orders – How Will You Handle the Return to Work
INTRODUCTION In the event that a stop-work order is lifted by the Government, the contractor is required to return to work immediately, and has only a 30-day…
New FAR Rule: Human Trafficking
The new Federal Acquisition Regulation (“FAR”) final rule, “Ending Trafficking in Persons,” became effective on March 2, 2015. The final rule, issued by the Department of Defense, General Services Administration, and National…
Change Orders and Field Overhead Costs
INTRODUCTION Change orders and modifications are common, if not inevitable, during the life of a construction contract. When changes to the contract occur, Field Office Overhead costs…
REA vs. CLAIM – Do You Know the Difference?
Requests for Equitable Adjustment (REA) and Claims are similar by definition; however, the purposes for filing either a REA or a Claim are quite different. It is important for a contractor to know the differences in order to…