As any contractor knows, there is no amount of preparation that can ensure a project goes exactly as planned. And unfortunately, when the unexpected happens, contractors may face increased costs, schedule delays, and other obstacles outside of their control. A request for equitable adjustment (or REA) affords contractors the opportunity to seek compensation or additional time for unforeseen conditions. This post will explore REAs and when to consider using such an approach.
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GovCon FAQs: What is the Difference Between an REA and a Claim?
There is an old saying that the only thing constant is change. While true in a broad sense, it is especially true in federal contracting. At some point a federal contractor will find itself facing a change to its contract or performance, costing it money or time. Inevitably, that leads to the question of whether an REA should be pursued, or if a claim should filed. One of the most common responses to that question is actually another question: what’s the difference between an REA and a claim? Let’s answer that question here.
Continue readingIncluding Dollar Amount in Claim “Sum Certain”-ly Serious Business
In a recent case, the Armed Services Board of Contract Appeals, dismissed a claim for lack of jurisdiction because it did not include a “sum certain.”
The case is a good reminder of the importance of demanding a specific sum of money for most claims.
Continue readingASBCA Awards Contractor Compensation for Extra-Contractual Changes
Contract changes, particularly in the construction context, can be flash points for the Government and a contractor. In some cases, the Government will assert that the contract requires the contractor to perform certain work; the contractor, pointing to the same (or another) contractual provision, will argue that the contract does not require it.
These diverging positions can sometimes lead to contentious litigation.
Continue readingDon’t Forget to Submit Invoices on Time, Says ASBCA
The government can find many reasons to try and reject a claim. Don’t give them any easy reasons to reject if you can help it. One of those reasons to try and avoid–sending invoices late.
Continue readingCOFC Dismisses Claim for Failure to State Dollar Amount, Despite Claimant’s Attempt to Camouflage Claim
A government contractor must include certain details in a certified claim, including a sum certain, signature, and a request for a final decision. With regards to the “sum certain,” a contractor cannot avoid this requirement by attempting to portray its claim as one not for monetary relief, when the contractor is really just asking for money.
Continue readingDon’t File an Appeal with CBCA Before Filing a Claim with the Contracting Officer
Let’s suppose that, under your contract, an agency hasn’t properly paid for your work. Or the agency took actions that caused you damages. Can you run off to the Civilian Board of Contract Appeals to register your complaint and recovery your money?
Yes . . . if you’ve taken an important preliminary step: filing a claim with the contracting officer.
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