When False Claims Cause Contractual Damages
When False Claims Cause Contractual Damages: Pursuing Parallel Qui Tam and Breach Claims, and the Public Disclosure Conundrum J. Taylor Benson, EXCELL CONSULTING INTERNATIONAL, INC. / BENSON LAW…
A Single Letter From Excell Results in Victory for Client
A construction contractor was awarded a multi-million dollar contract to complete a project on a U.S. military base and ultimately encountered a multitude of problems throughout the…
Contract Terminated for Convenience? We Can Help…
Excell Consulting Secures $1.3 million Partial Termination Settlement A USACE Firm Fixed-Price Contract in the Middle East was partially Terminated for the Convenience of the Government….
Subcontractors’ Remedies Under the Miller Act
Should I File in State or Federal Court? INTRODUCTION As explained in a previous post, Subcontractors and Sub-subcontractors on federal government construction projects can recover payments…
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…
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…
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…
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…