Contract Claims & Dispute Litigation
Understanding Contract Disputes
Contract disputes between the government and federal contractors are an unavoidable part of the government contracts industry. Unforeseen incidents, such as a need to extend a delivery schedule or a need for additional payment to cover increased costs, may occur.
In those instances, a contractor will need to consider filing a claim or submitting requests for equitable adjustments (REAs) and requests for price adjustments.
Our government contract attorneys have extensive experience in all of these areas.
Obtaining Representation for Contract Disputes
Our government contract attorneys are experts in contract claims and dispute litigation and are here to help you in the following ways:
Understanding Government Regulations: Our attorneys are well-versed in the complex web of federal, state, and local regulations that govern government contracts. We ensure that all parties involved comply with these regulations and help clients navigate the legal landscape.
Drafting and Reviewing Contracts: We assist in the drafting and review of contracts. Our team works to ensure that contracts are clear, comprehensive, and compliant with relevant laws and regulations, which can help prevent disputes from arising in the first place.
Contract Interpretation: Our government contract attorneys are skilled in interpreting the language of contracts, including identifying ambiguities or gaps that may lead to disputes. We help clients understand their rights, obligations, and potential liabilities under the contract.
Claim Preparation and Submission: When disputes arise, our team assists in preparing and submitting claims. This involves gathering evidence, documenting the basis for the claim, and ensuring compliance with the contractual notice requirements.
Negotiation: We negotiate settlements and resolutions between the parties involved in a dispute. This can involve discussions with the government contracting officer, subcontractors, and other stakeholders to reach a mutually agreeable solution.
Alternative Dispute Resolution (ADR): Many government contracts include provisions for alternative dispute resolution mechanisms, such as mediation or arbitration. Our experienced attorneys guide clients through these processes, advocating for your interests and seeking a resolution outside of traditional litigation.
Litigation Representation: In cases where disputes cannot be resolved through negotiation or ADR, we represent our clients in litigation. This includes filing lawsuits, presenting legal arguments in court, and advocating on your behalf.
Appeals: If a party is dissatisfied with the outcome of a dispute at the agency level, we can help pursue appeals before relevant boards or courts, such as the Armed Services Board of Contract Appeals (ASBCA) or the U.S. Court of Federal Claims.
Compliance and Risk Management: We provide advice on compliance and risk management throughout the life of a contract. We help clients navigate potential pitfalls and ensure that your actions align with contractual requirements and applicable laws.
When Negotiations Don't Work
There may be instances where the working relationship with the contracting officer is such that negotiations will not be fruitful. In such cases, the contractor may want to consider filing a claim (or a “certified” claim if the dispute is more than $100,000).
The Contract Disputes Act governs claims. The claim demands payment or modification of the contract and a final decision by the contracting officer. If the claim is less than $100,000, the contracting officer has 60 days to issue a decision (and if the claim is over $100,000, then the contracting officer should issue a decision as close to 60 days if possible). The contracting officer can either grant, deny, or make a partial payment.
If the claim is denied in whole or part, the contractor can appeal the denial to one of the Boards like the ASBCA, Civilian Board of Contract Appeals (CBCA), or U.S. Postal Service Board of Contractor Appeals within 90 days or to the U.S. Court of Federal Claims (COFC) within one year of the denial.
Government Contract Attorneys You Can Trust
Regardless of the contract disputes, procuring agency, or stage of the dispute process, our team of government contracts lawyers is here to help. We pride ourselves in providing creative, goal-driven, and cost-conscious representation in the game of contract disputes chess.
Our Practice Focus
What Makes Us Different
Elite Bid Protest Team
Deep Litigation Experience & Success Involving COFC and ABSCA Claims
Millions in CDA Claims Recovered
Frequently Asked Questions
Government contracting refers to the process through which federal, state, or local government agencies purchase goods and services from private businesses or individuals to fulfill their operational needs and public services.
Government contracting is regulated by various laws and regulations, including the Federal Acquisition Regulation (FAR), agency-specific regulations, the Competition in Contracting Act (CICA), the False Claims Act, and various socio-economic programs.
The FAR is a set of rules and guidelines issued by the federal government that govern the acquisition process for all executive agencies. It covers various aspects of contracting, including procurement procedures, contract administration, and contractor responsibilities.
We assist clients by reviewing and understanding relevant regulations, ensuring they have appropriate policies and procedures in place, providing training on compliance, and conducting internal audits to identify and address potential issues.
A bid protest is a formal complaint filed by a bidder or offeror who believes that a government procurement process was conducted unfairly, improperly, or in violation of procurement laws and regulations.