These six tips will help government contractors effectively enforce their rights while minimizing legal and financial risks. As a Defense Contractor Attorney near Hanahan SC, it is important to understand the Contractual Disputes Act of 1978 (CDA or Act) which was enacted by Congress to implement a comprehensive legal framework for the resolution of government contractual claims. The CDA provides a framework for asserting and processing claims filed by the government or a contractor. All disputes under the CDA must be submitted to the United States Court of Federal Claims or to an administrative board of contractual appeals. The vast majority of board cases are handled by the Armed Forces Contract Appeals Board or the Civil Contract Appeals Board.
The ASBCA is generally responsible for resolving appeals against the decisions of contracted officers of the Department of Defense, Department of the Army, Department of the Navy, NASA and, when specified, the CIA. The CBCA addresses the disputes of all other executive agencies, except the United States Postal Service (USPS), the Postal Rate Commission, and the Tennessee Valley Authority. Michigan courts emphasize the importance of clear and unambiguous contractual language. Contractors must ensure that their agreements meet specific state legal requirements to avoid disputes.
The CDA articulates an established system for resolving disputes between contractors and a contracting agency related to the performance of most acquisition contracts. Contractors must first file a formal complaint to request a contracting officer's final decision. Latham represents government contractors around the world in complex and high-risk litigation brought by and against the United States government, between competing prime contractors, and between contractors and subcontractors. For example, all funds, including interest, obtained from a contractor due to a claim filed by a military department or defense agency must be kept to resolve the claim, any favorable judgment on appeal to the Armed Forces Contract Appeals Board, or any favorable court ruling in favor of the contractor.
Congress granted the Department of Defense new authority to modify existing fixed-price contracts to compensate defense contractors for increased costs resulting from inflation. Contractors should always consult with an attorney experienced in the Government Contractual Disputes Act of 1978 before filing a claim with the federal government. Associated General Contractors of America, Associated General Contractors of Texas, the Lubbock Chamber of Commerce,. Having an attorney experienced in government contract disputes will help contractors make informed decisions.
The mere notification by a contractor notifying a contracting officer of a problem or a quantity to which the contractor believes he is entitled constitutes a claim under the CDA. In cases where a contractor is faced with an unfavorable ruling from a contracting officer, the contracting attorney can provide valuable legal advice and support to file an appeal to an agency's contract appeals board or to the U.S. Federal Claims Court, following precedents such as Winter v. The attorneys at Watson & Associates, LLC help small businesses and large government contractors evaluate and resolve contractual disputes related to federal government contracts and subcontracts. After a contractor receives a final decision from a contracting officer regarding their claim, the contractor may choose to appeal the final decision to the Federal Claims Court or the BCA that has jurisdiction over their contract.
In any case where a contractor rejects an agency request to initiate an alternative resolution procedure, the contractor will inform the agency in writing of the contractor's specific reasons for refusing the request. Usually, once the contractor chooses their forum, their decision is binding and the contractor cannot file their complaint in the other forum.
