This briefing covers active market intelligence, regulatory guidelines, and tactical capture recommendations for federal and defense contractors pursuing opportunities in this procurement classification.
Construction contractors working under government contracts need to understand the complexities of the claims process under the Contract Disputes Act. Although it is more common for the contractor to make the claim against the government, contractors should be aware of the potential need to submit a contractor claim to perfect defences against a claim from the government.
Background
A brief review of the claims process under the Contract Disputes Act is instructive. The government is generally immune from suit except where it has consented to be sued. The act grants jurisdiction to the Court of Federal Claims (CFC) and the agency boards of contract appeals over claims between contractors and the government involving an express or implied contract for the procurement of property (other than real property).
Read more: Contractors facing government claims may need to submit contractor claim to perfect defences
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