The Result of Misinterpretation
INTRODUCTION Most individuals who have tried to communicate information to another person understand that the communication may not come across as intended. The same holds true with…
False Claims Act Update
INTRODUCTION In 2013, the Federal Government secured $3.8 billion in settlements and judgments from civil cases involving fraud against the Government, under the False Claims Act (FCA)….
Consulting and Legal Fees are Recoverable!
INTRODUCTION Before elaborating on the question of recovery of consulting fees and/or legal fees, let’s be clear on a major point: a claim situation does not exist…
Concurrent Delay as a Defense
INTRODUCTION Concurrent delay is a method that the owner of a project can use in its defense against a contractor when “allegations” that delays experienced, which affect…
Minimum Wage Increases and the New Executive Order
EXECUTIVE ORDER In February 2014, President Obama signed an Executive Order entitled “Establishing a Minimum Wage for Contractors.” This order increased the minimum wage for workers employed…
BCA Appeals and Discovery – VA Sanctioned for Withholding Documents
INTRODUCTION When an appeal from a Contracting Officer’s final decision is filed with either the Armed Services Board of Contract Appeals (ASBCA) or the Civilian Board of…
Suspension of Work Clause – Unreasonable Delays are Compensable
SUSPENSION OF WORK The Suspension of Work clause, found in FAR 52.242-14, provides that if the contracting officer orders the suspension, delay or interruption of the contract…
Electronic Signatures
INTRODUCTION Although electronic signatures are generally accepted as part of commerce and contracting today, some uncertainty remains about questions of validity, and what form of electronic signature…
The Anti-Assignment of Contracts Act
ASSIGNMENT OF A FEDERAL CONTRACT In construction law, including government contracting, a party (assignor) to a contract may “assign” their rights and duties under the contract to…
Subcontractor Remedies Under the Miller Act
INTRODUCTION As explained in a previous post, Subcontractors and Sub-subcontractors on federal government construction projects can recover payments due to them under the Miller Act. In pursuing…