by Richard D. Lieberman, Consultant | Oct 2, 2018 | Claims and Remedies, Government Contracting
The Armed Services Board of Contract Appeals recently considered a contractor’s claim for $381,000 for the return of liquidated damages as well as a time extension. Areyana Group of Const. Co., ASBCA No. 60648, May 11, 2018. The Board held that even though a project... by Richard D. Lieberman, Consultant | Jul 10, 2018 | Government Contracting
A recent decision by the Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) sustained the SBA’s termination of an 8(a) contractor for failing to pay a subcontractor $68,688.53, citing this failure as a lack of business integrity. Corporate... by Richard D. Lieberman, Consultant | Apr 10, 2018 | Government Contracting
This blog recently discussed the limits of the use of the Changes Clause in a contract, noting that the clauses at Federal Acquisition Regulation (“FAR”) 52.243-1 through FAR 52.243-7 (Changes) are limited to the specific changed situations described in each clause,... by Richard D. Lieberman, Consultant | Apr 3, 2018 | Basic Principles/Authority to Contract, Government Contracting
Waiver: The voluntary relinquishment or abandonment—express or implied—of a legal right or advantage. Black’s Law Dict. (10th Ed. 2014) This blog has discussed situations where the government has waived a delivery schedule in a contract. See “How Many Mistakes Can A... by Richard D. Lieberman, Consultant | Jan 2, 2018 | Government Contracting
A Defense Logistics Agency (“DLA”) contracting officer (“CO”) terminated a contract to provide jet fuel to Bagram airfield in Afghanistan, (including construction of a pipeline). The termination, however, was so erroneous that the Armed Services Board of Contract... by Richard D. Lieberman, Consultant | Nov 28, 2017 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Government Contracting
The Contract Disputes Act of 1978 (“CDA”) contains a few simple requirements for claims over $100,000, including certification. Yet to this day contractors have consistently violated the certification requirements and, as a result, had their claims dismissed by the...