Court of Federal Claims
Understanding the Court of Federal Claims
The United States Court of Federal Claims is a federal court that hears monetary claims against the U.S. government. It was established by the Federal Courts Improvement Act of 1982 and began its operations in 1983.
The Court of Federal Claims has jurisdiction over various types of cases, including contract disputes, takings claims (where private property is taken for public use), tax refund suits, and other claims for monetary damages against the federal government. However, it does not handle criminal cases or cases involving tort claims
How an FPG Government Contracts Attorney Can Help
Our team of highly-skilled government contracts attorneys work with you while designing a strategy before the U.S. Court of Federal Claims. This is how we can help:
Case Evaluation: The process typically starts with one of our government contract attorneys evaluating your case to determine whether it has merit and if pursuing litigation before the federal claims court is the appropriate course of action. We assess the contract terms, relevant regulations, and facts surrounding the dispute to build a strong case.
Filing the Complaint: If we decide to proceed with litigation, we will prepare and file a complaint with the COFC. The complaint outlines the legal basis for the claim, the specific relief sought, and the relevant factual background. Our attorneys always adhere to the rules and procedures of the federal claims court when preparing and submitting the complaint.
Discovery: Once the complaint is filed, both parties engage in the discovery process, exchanging relevant documents, evidence, and information related to the case. Our attorneys will work to obtain and review documents and evidence from the government to build a solid case.
Motion Practice: During litigation, both parties may file various motions to address procedural matters or seek specific legal rulings. We may need to file motions to compel the production of certain documents, dismiss parts of the government’s defense, or seek summary judgment if appropriate.
Settlement Negotiations: Before going to trial, we could negotiate a settlement with the government’s representatives to explore the possibility of resolving the dispute outside of court. Settlement can often be a favorable outcome for both parties, saving time and resources.
Preparing for Trial: If the case does not settle, we will prepare thoroughly, including crafting legal arguments, organizing evidence, and identifying witnesses who may be called to testify on your behalf.
Trial Representation: During the trial, your assigned government contract attorney will present your case before the federal claims court, including examination and cross-examination of witnesses, presentation of evidence, and legal arguments to support your position.
Post-Trial Proceedings: After the trial, if necessary, we may file post-trial motions or appeals to challenge the court’s decision or seek further relief.
Hire an Experienced Government Contracts Attorney
Throughout the process, our FPG government contract attorneys stay updated on changes in laws and regulations related to government contracts to ensure the best possible representation for your case. We aim to always advocate for our client’s interests and seek a favorable resolution to a contract dispute before the federal claims court.
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.