In the course of contract administration and contract performance, any number of issues may arise between the contractor and the government customer. These range from differing interpretations over specifications, terms and conditions, funding, and performance schedules, to terminations for convenience or default.
In many instances, subcontractors under government prime contracts have flowdown of substantially the same terms and conditions governing subcontract performance as are applicable to the prime. Typically, the subcontractor will by agreement with the prime have access to the government claims and disputes process.
Claims and disputes in government contracting generally begin with attempts to resolve matters through discussions and mutual agreement of the parties, at the level of the government contracting officer. When that is unsuccessful, and ADR is not used, claims and disputes are subject to administrative and judicial review under statutory procedures defined in the contract disputes act.
All federal contractors have access to an administrative board of contract appeals for the litigation of claims and disputes, in which cases are heard and decided by administrative judges. When appropriate, cases may be brought in the U.S. Court of Federal Claims. Appeals from the boards of contract appeals and the Court of Federal Claims may be appealed to the U.S. Court of Appeals for the Federal Circuit.
For many years, Doyle & Bachman LLP has represented and advised clients in all aspects of government contract claims and disputes. These services include: