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…
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…
Termination for Convenience and Principal’s Compensation
INTRODUCTION The Armed Services Board of Appeals (ASBCA) recently held that, in a Termination for Convenience of the Government, reimbursement for the work of a closely held…
Pass-Through Claims and the Severin Doctrine
INTRODUCTION In Federal Government contracting, Subcontractors and Prime Contractors often face the dilemma of how to handle Subcontractor claims against the Prime that result from Government action…
Termination for Default: What Should You Do?
It does happen– it’s unfortunate, but your company could be fired from a Government contract — terminated for default! All Government contracts contain the Default clause provided under 52.249-8 (Default [Fixed-Price…
Contract Interpretation: Guidlines and Best Practices
The process of determining the original intent of the contractor and owner is referred to as contract interpretation. This procedure typically involves establishing definitions, adding omitted words,…
Termination for Default
INTRODUCTION The Federal Government inserts clauses, in efforts to protect itself, into Government contracts to ensure that a contractor that is hired to perform work or provide…
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,…
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,…