Claims and Disputes
Our government contract attorneys represent clients around the world and domestically in claims, disputes, requests for equitable adjustment, contract terminations, and settlements.
In summary, a claim against the U.S. Government is a written demand for payment that is governed by the Contract Disputes Act of 1978 and the Federal Acquisition Regulation (FAR). The FAR states in subpart 2.101: “Claim” means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71, Contract Disputes, until certified as required by the statute. A voucher, invoice, or another routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable time.
Our attorneys have over 30 years of experience in Claims and Disputes and are ready to assist you today!
Government Contract Claims and Dispute FAQs
Learn More about Claims and Disputes
What is a request for equitable adjustment?
The Federal Acquisition Regulation does not define it. Generally, an equitable adjustment seeks to adjust the contract price or the delivery scheduled based upon a change to the contract. The requests may occur when there are increased direct costs of added work, work is deleted, or not performed, there are Government-caused delays or other changes to the contract.
What is a claim certification?
Contractors who file claims against the U.S. Government must properly certify them. If a claim is not certified, the contracting officer may deny it and the Armed Services Board of Contract Appeals may not have jurisdiction.
What is the difference between a claim and a request for equitable adjustment?
There are many important differences. The two most important differences are that a request for equitable adjustment is considered as a contractual remedy so the contractor may be entitled to reimbursement for some of the costs associated with its preparation. Claims are considered an actual dispute, and while contractors are not entitled to preparation costs, they may be entitled to interest on the final amount.
I incurred additional costs on my contract with the U.S. Government and I am not sure whether I should file a claim or request for equitable adjustment?
Our Claims and Disputes Legal Experts are ready to assist you! Feel free to give us a call at 703-280-2800 for a free consultation.
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Barbara Kinosky is the Managing Partner of Centre Law and Consulting and has more than twenty-five years of experience in all aspects of federal government contracting. Barbara is a nationally known expert on GSA and VA Schedules and the Service Contract Act, and she has served as an expert witness for federal government contracting cases. She has a proven track record of solving complex issues for clients by providing strategic and business savvy advice. Barbara was named a top attorney for federal contracting by Smart CEO magazine in 2010, 2012 and 2015. Prior to establishing Centre, Barbara was the head of a government contracts practice group at a major law firm. She started Centre in 2002 to provide integrated legal, GSA consulting and training services.
Heather Mims is an associate attorney at Centre Law & Consulting. Her practice is primarily focused on government contracts law, employment law, and litigation. Heather has extensive experience litigating bid protests before the Government Accountability Office. She also has experience working with contractors on claims and appeals, government contract terminations, and subcontract disputes. Heather also works with government contractors to develop enforceable teaming agreements and subcontracts. Heather is a top-rated attorney selected to Rising Stars for 2019-2020 by Super Lawyers.