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Technical Excellence in Government Contracts
and Construction Matters Since 1893.
Oles Morrison

Government Allowed Contractor to “Twist in the Wind,” Violating Duty of Good Faith and Fair Dealing

By on August 28, 2018 | Posted in Claims and Disputes

Contractors frequently claim that owners have breached the implied duty of good faith and fair dealing, largely as an alternative to more specific claims for constructive change or breach. These good faith and fair dealing claims are difficult to recover on, largely because courts and the boards have required a […]

Supreme Court Denial Highlights Risk to Contractors of Rule Giving Deference to Agency’s Interpretation of Regulations

By on March 29, 2018 | Posted in Legislative and Regulatory Developments

Since at least 1945, the U.S. Supreme Court has upheld the unique ability of government agencies to create binding, unwritten interpretations of their own regulations. What is most troubling about this is that the agency can make or amend its regulations during the course of a contractor’s performance.  This government interpretation […]

Contractor Waives its Right to Pursue Claim Through its Invoice for Final Payment

By on February 1, 2018 | Posted in Claims and Disputes

The Armed Services Board of Contract Appeals (the “Board”) recently issued another reminder in [Redacted], ASBCA No. 61065, that government contractors need to specifically reserve their rights to Contract Disputes Act claims in modifications and releases for final payment. While its name doesn’t quite rival the best of those associated […]

Form Matters: Contractor Loses $2M Claim Because Emailed Certification Was Not “Electronically or Digitally” Signed

By on October 26, 2017 | Posted in Claims and Disputes

Most government contractors are well-aware that the road to preserving and pursuing a claim against the government is one where opportunities for contractors to waive or otherwise lose their right to assert valid claims abound. In a decision where form has once again prevailed over substance, the Armed Services Board […]

Army’s Broad Waiver in Bilateral Modification Waives its own Right to Recover Overpayments

By on April 7, 2017 | Posted in Claims and Disputes

Contractors often sign modifications and change orders without being fully aware of the rights they may be waiving under the modifications’ terms. While the federal government’s standard modification form (Standard Form 30) does not contain waiver language, government agencies generally add such language to ensure that the modification forecloses future […]