Subcontractor Certification of Pass-Through Claim — Defective but Correctable

Eric A. Frechtel and Lee-Ann C. Brown | Buildsmart In June, the Armed Services Board of Contract Appeals (ASBCA) addressed whether it had jurisdiction where a subcontractor pass-through claim was certified under the Contract Disputes Act (CDA) by the subcontractor’s president, not the prime contractor’s representative. In its motion to dismiss, the government argued that under the… Continue reading Subcontractor Certification of Pass-Through Claim — Defective but Correctable

Certifying Claim Under Contract Disputes Act

David Adelstein | Florida Construction Legal Updates Under the Contract Disputes Act (41 USC 7101 en seq.), when a contractor submits a claim to the government in excess of $100,000, the claim MUST contain a certification of good faith, as follows: For claims of more than $100,000 made by a contractor, the contractor shall certify that– (A) the claim is… Continue reading Certifying Claim Under Contract Disputes Act

Don’t Forget to Certify Within Six Years: Recent Opinion Addresses Timeliness of Government Contractor’s Appeal

Douglas L. Patin, Aron C. Beezley & Amandeep S. Kahlon | Buildsmart On May 19, 2020, the Federal Circuit upheld summary judgment against a government contractor for failure to file a claim timely within the six-year time limit prescribed by the Contract Disputes Act (CDA). In Electric Boat Corp. v. Secretary of the Navy, the Federal… Continue reading Don’t Forget to Certify Within Six Years: Recent Opinion Addresses Timeliness of Government Contractor’s Appeal

The Contract Disputes Act: What Every Federal Government Contractor Should Know

Sarah K. Carpenter | Smith Currie | January 29, 2018 Claims on construction projects are unpleasant, but sometimes unavoidable. Contract with the federal government and you are by statute and by contract required to resolve any and all disputes under the Contract Disputes Act. So what is the Contract Disputes Act? This article sets forth… Continue reading The Contract Disputes Act: What Every Federal Government Contractor Should Know

Contractors Facing Government Claims may need to Submit Contractor Claim to Perfect Defences

Edward Arnold and Donald G. Fetherstun | Seyfarth Shaw | July 18, 2016 Construction contractors working under government contracts need to understand the complexities of the claims process under the Contract Disputes Act.(1) Although it is more common for the contractor to make the claim against the government, contractors should be aware of the potential… Continue reading Contractors Facing Government Claims may need to Submit Contractor Claim to Perfect Defences

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