Once you've exhausted the options required, litigation becomes an option. This section discusses the issues that are presented in deciding whether to enter into litigation, and how to use litigation as an actual settlement tool.
Remember at the Federal contract level, no litigation can be commenced in most cases by either the prime contractor or the federal Government, until a "claim" has been presented to the party against whom the litigation is to occur. Most often a final decision must also be issued.
Our firm concentrates on the strategy of litigation as a means to settlement of Government contract cases. Trial is viewed in light of the fact that over 90% of the cases in the government contract area settle short of trial. We believe that too little attention is paid to the strategy for settlement of Government contract cases, and perhaps too much attention to trial preparations.
This is not to say that preparing for trial is not important. We are simply taking a different approach by examining what is often the more neglected side of contract litigation - strategies leading to settlements.
Contentious disputes in litigation can be resolved via different approaches. We believe there are alternative approaches that are much more client friendly from an expense point of view.