The laws and regulations that govern our commercial and federal procurement activities have been drafted in an attempt to assist in establishing and maintaining the intent of the parties prior to and after contract formation. In most contract situations however, the parties to a contract do not have a true meeting of the minds and/or the purpose of the contract changes without consideration resulting in disputes.
When a dispute ripens into actionable offense(s) Defense and Commercial contractors must be able to, in part;
- Definitize what regulations and laws were breached
- Gather evidence to substantiate the dispute
- Establish precedents
- Know how to prepare a claim, request for equitable adjustment or complaint
- Establish jurisdiction
- Is a final decision needed by the Contracting Officer
- Is there a deemed denial
- Do you go to the Court of Federal Claims
- Does the Contract Disputes Act (CDA) of 1978 apply
- Do you need the prime contractor to sponsor your claim
- Obtain an expert witness
- Properly justify damages
- Prepare pre-litigious negotiation strategies
- Potentially resolve the dispute without disruption to the business/contract
- Reverse a termination for default
A failure on the part of a prime or subcontractor to understand or properly assert your rights can cause serious financial damage. Also it is not uncommon for the Government to attempt to take advantage of your lack of knowledge and purposely negate your rights.
DoD Board of Appeals Advisors can support and guide you and your company through the dispute and appeals process. Our proven guidance will resolve your issue(s) without litigation, through negotiations or by filing an appeal.
For more information send an email to ClaimAdvisor@dodboardofappeals.com