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... by Richard D. Lieberman, Consultant | Sep 25, 2017 | Basic Principles/Authority to Contract, Claims and Remedies, Government Contracting
A recent Armed Services Board of Contract Appeals (“ASBCA”) decision is a strong reminder that contractors must submit complete and proper claims, or they will be dismissed by either the Contracting Officer or a board or court, if appealed to one of those forums.... by Richard D. Lieberman, Consultant | Jul 12, 2017 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
Constructive acceleration occurs when the government demands the contractor’s compliance with an original contract deadline even though there is excusable delay. This is precisely what happened in IAP Worldwide Svcs, ASBCA no. 59397 et al, May 17, 2017. A contractor... by Richard D. Lieberman, Consultant | Jul 12, 2017 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
Claude Mayo Construction Company, Inc. (“Mayo”) had a contract with the General Services Administration (“GSA”) to renovate a U.S. Attorney’s Office in Syracuse, NY. Before Mayo completed the project, GSA terminated the contract for default. Mayo sought to overturn... by Richard D. Lieberman, Consultant | Jun 14, 2017 | Claims and Remedies
How many contractor demands for payment make a claim? The Contract Disputes Act (“CDA”) requires that “each claim by a contractor against the Federal Government relating to a contract shall be submitted to the contracting officer for a decision.” 41 U.S.C. §... by Richard D. Lieberman, Consultant | Apr 19, 2017 | Claims and Remedies
FIRST ARTICLE DOES NOT REDEFINE CONTRACT SPECIFICATIONS FOR ACCEPTANCE. In a long and complex case, the Armed Services Board of Contract Appeals (“ASBCA”) recently explained that a First Article Test (“FAT”) does not add product specifications above those detailed in...