Government Contract Claims 101: A Contractor's Guide to Requests for Equitable Adjustment, Terminations and Other Resolutions
Government Contracts attorneys Amy Fuentes, Ann McRitchie and Anne Delmare wrote an article for The Journal of Federal Agency Action serving as a guide for resolving disputes with the federal government. Government contractors, like any other contractor, frequently encounter issues, from government-induced delays and contract changes to unexpected terminations. When the other contracting party is a federal entity, however, dispute resolution is not as simple, and contractors have to balance pursuing financial interests with preserving a long-term relationship – while keeping in mind the unique aspects of doing business with the government. In their article, the authors detail multiple dispute resolution mechanisms: Requests for Equitable Adjustment (REA), termination for convenience settlement proposals, no-cost settlement proposals and formal claims under the Contract Disputes Act (CDA). They also review the life cycle of a contract dispute, including negotiations with a contracting officer and formal litigation before a board of contract appeal (BCA) or the U.S. Court of Federal Claims (COFC). The piece concludes with several practical tips, such as meticulous recordkeeping and cost documentation, being strategic about timing to submit claims and following Federal Acquisition Regulation (FAR) requirements for certification to the letter, that can aid a contractor in recovering time and money lost, protecting a contractor's rights and securing the best possible outcome. Amy, Ann and Anne draw on extensive experience representing clients in government contract disputes to lay out a helpful resource for companies to reference when working through the maze of statutes, regulations and procedural deadlines that characterize this area.