Using the Contract Disputes Act of 1978 to pursue claims against the government arising from a government contract. Distinguishing CDA claims from informal requests for equitable adjustment (REA), and deciding when to submit a claim.
Contractors draft and submit Requests for Equitable Adjustments (REA’s) and "claim" documents to persuade the other contracting parties (often Government agencies) that an adjustment to the contract is needed, due to events occurring after award and generally during performance. Such adjustments may consist of either an increase or decrease to the contract price or an adjustment to other terms and conditions—such as schedule.
There are standard patterns into which Federal Government contract claims fall. These patterns are very similar at the State and Local Government levels, as well as commercially. Set out in this article are the elements that the contractor must prove, case law support for them, and areas in which contractors are generally weak in their claim submissions, as well as areas of defense open to the Government or other contracting parties.
Understanding the proper use of defective specification arguments when submitting a claim or REA to the government to recover costs on your government contract.
Pricing government contract claims requires intimate knowledge of how those costs are calculated. This article describes how to properly assess those costs.
This text contains a comprehensive explanation of the Federal Government REA process. Contractors draft REA and “claim” documents to persuade the other contracting parties (often Government agencies) that an adjustment to the contract is needed, due to events occurring after award and generally during performance. Such adjustments may consist of either an increase or decrease to the contract price or an adjustment to other terms and conditions—such as schedule.
This article discussed what is still one of the most unclear areas in federal Government contract litigation: when and how the Government must assert its claims against the contractor under the Contract Disputes Act. What is certain is that if the Government has a claim against a contractor, it must assert that claim in a final decision for it to be effective.
We've compiled 21 of our favorite case studies. Read how REA and CDA claims play out in situations based on cases we've tried.