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Government Contract Claims & Appeals

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Overview

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For companies doing business with the federal government, certain government contracts may not go as planned. Filing a claim related to a government contract—and appealing that claim, if necessary—can seem daunting to prime contractors and subcontractors. Attorneys in PilieroMazza’s Government Contract Claims & Appeals Group offer government contractors of all sizes seasoned counsel in preparing, prosecuting, and settling claims across all types of government contracts. Clients from a wide range of industries benefit from the Group’s substantial experience advocating for their rights, as well as our productive relationships with government representatives from various agencies.

While performing a government contract, a prime or subcontractor may discover that: 

  • it has experienced one or more delays to performance;
  • the government-furnished technical data package contains errors or ambiguities; 
  • the government-furnished information or equipment was delivered late or does not work; 
  • the government agency’s inspections were more rigorous than could have been reasonably expected; 
  • the government agency directs it to perform work outside the scope of the contract; or 
  • there are any number of other performance problems outside of its control.  

Each of the above challenges may have caused the prime or subcontractor delays in or increased the cost of performing the contract.  The prime contractor may need to file a request for equitable adjustment (REA) or a formal “claim” in order to recoup time and/or money.  

Notable illustrations of our attorneys’ experience with claims and appeals include: 

  • With respect to a federal environment remediation contract, PilieroMazza attorneys filed an appeal before the Armed Services Board of Contract Appeals with regard to a wrongful termination for default related to the inability of the contractor, through no fault of its own, to obtain bonding.  Our attorneys prosecuted a settlement in which it obtained a conversion of the termination for default into a no-cost termination for convenience.  
  • Successfully represented a government contractor who the government had unjustifiably terminated for default from a commercial item supply contract for the delivery of fuel to Bagram Air Base in Afghanistan. On appeal, the Armed Services Board of Contract Appeals found the government had not met its burden to demonstrate a prima facie case of the contractor’s default. The termination was converted from a termination for default to a termination for convenience.
  • For a federal government construction contract, the Firm prosecuted a large-scale set of claims which involved numerous issues including, among others, differing site conditions, constructive change, and a wrongful termination of the contract for default.  After appealing this set of claims at the Court of Federal Claims, PilieroMazza attorneys obtained a settlement in which our client received a monetary recovery in excess of $500,000 and a conversion of the termination for default to a modification of the contract.
  • Successfully represented a contractor on the appeal of a base debarment from certain Department of Defense installations in the Middle East. After review of the surrounding facts and circumstances examined in the written appeal, the Department of the Army approved the appeal and reinstated the contractor’s access to all previously barred installations. The contractor has since returned to working overseas on behalf of the United States military.
  • In a federal government construction contract for repairs of two dormitories, PilieroMazza attorneys pursued a request for equitable adjustment and, subsequently, claims which involved delay and differing site condition issues.  After appealing the claims before the Court of Federal Claims, our attorneys obtained a monetary settlement through alternative dispute resolution mediation at the Armed Services Board of Contract Appeals.  

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Our People

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Lauren Brier

Associate

202.857.1000

lbrier@pilieromazza.com

Samuel S. Finnerty

Associate

202.857.1000

sfinnerty@pilieromazza.com

Peter B. Ford

Partner

202.857.1000

pford@pilieromazza.com

Meghan F. Leemon

Associate

303.501.1300

mleemon@pilieromazza.com

Paul W. Mengel III

Of Counsel

202.857.1000

pmengel@pilieromazza.com

Jonathan Pomerance

Associate

202.857.1000

jpomerance@pilieromazza.com

Patrick T. Rothwell

Associate

202.857.1000

prothwell@pilieromazza.com

Insights

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Articles

  • BLOG: JEDI Update: AWS Files Agency-Level Protest with Pentagon, The PM Legal Minute Blog, 05.12.20
  • BLOG: FAR Council Rulemaking Error Requires GSA Contractors to Qualify As Small at Time of Award for Certain Orders, The PM Legal Minute Blog, 05.06.20
  • BLOG: For Contractors, an REA for Keeping Your People Safe and on the Job, The PM Legal Minute Blog, 04.30.20
  • BLOG: JEDI Update: Pentagon Files Voluntary Motion for Remand to Reconsider Microsoft Award, The PM Legal Minute Blog, 03.27.20
  • BLOG: JEDI Protest Update: Pentagon Relies on Blue & Gold Fleet to Do Away with AWS’s Allegations of Bias, The PM Legal Minute Blog, 02.26.20
  • BLOG UPDATE: Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision, The PM Legal Minute Blog, 02.06.20
  • BLOG: JEDI Protest Saga Continues: Amazon Protests Microsoft’s Award in Court of Federal Claims, The PM Legal Minute Blog, 11.18.19
  • BLOG: This Just In! SBA’s Implementation of HUBZone Changes and Small Business Runway Extension Act Coming Soon, The PM Legal Minute Blog, 11.14.19
  • BLOG: Microsoft Upsets Amazon in Winner-Take-All Award of Defense Department’s JEDI Contract, The PM Legal Minute Blog, 10.28.19

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Events

  • WEBINAR: COVID-19 Guidance for Government Contractors, 07.22.20
  • WEBINAR: Overview of the Request for Equitable Adjustment, Claim and Appeal Process for Government Contractors, 02.19.20

News

  • ANNOUNCEMENT: Former GSA Counsel Jonathan Pomerance Joins PilieroMazza’s Government Contracts Group, 03.11.20
  • Bloomberg Law: Michelle Litteken Comments on Agencies Stopping Performance of Protested Government Contracts, 11.04.19
  • Government Matters Interviews PilieroMazza’s Lauren Brier on JEDI Cloud Contract Award, 10.27.19
Overview Our People Insights

For companies doing business with the federal government, certain government contracts may not go as planned. Filing a claim related to a government contract—and appealing that claim, if necessary—can seem daunting to prime contractors and subcontractors. Attorneys in PilieroMazza’s Government Contract Claims & Appeals Group offer government contractors of all sizes seasoned counsel in preparing, prosecuting, and settling claims across all types of government contracts. Clients from a wide range of industries benefit from the Group’s substantial experience advocating for their rights, as well as our productive relationships with government representatives from various agencies.

While performing a government contract, a prime or subcontractor may discover that: 

  • it has experienced one or more delays to performance;
  • the government-furnished technical data package contains errors or ambiguities; 
  • the government-furnished information or equipment was delivered late or does not work; 
  • the government agency’s inspections were more rigorous than could have been reasonably expected; 
  • the government agency directs it to perform work outside the scope of the contract; or 
  • there are any number of other performance problems outside of its control.  

Each of the above challenges may have caused the prime or subcontractor delays in or increased the cost of performing the contract.  The prime contractor may need to file a request for equitable adjustment (REA) or a formal “claim” in order to recoup time and/or money.  

Notable illustrations of our attorneys’ experience with claims and appeals include: 

  • With respect to a federal environment remediation contract, PilieroMazza attorneys filed an appeal before the Armed Services Board of Contract Appeals with regard to a wrongful termination for default related to the inability of the contractor, through no fault of its own, to obtain bonding.  Our attorneys prosecuted a settlement in which it obtained a conversion of the termination for default into a no-cost termination for convenience.  
  • Successfully represented a government contractor who the government had unjustifiably terminated for default from a commercial item supply contract for the delivery of fuel to Bagram Air Base in Afghanistan. On appeal, the Armed Services Board of Contract Appeals found the government had not met its burden to demonstrate a prima facie case of the contractor’s default. The termination was converted from a termination for default to a termination for convenience.
  • For a federal government construction contract, the Firm prosecuted a large-scale set of claims which involved numerous issues including, among others, differing site conditions, constructive change, and a wrongful termination of the contract for default.  After appealing this set of claims at the Court of Federal Claims, PilieroMazza attorneys obtained a settlement in which our client received a monetary recovery in excess of $500,000 and a conversion of the termination for default to a modification of the contract.
  • Successfully represented a contractor on the appeal of a base debarment from certain Department of Defense installations in the Middle East. After review of the surrounding facts and circumstances examined in the written appeal, the Department of the Army approved the appeal and reinstated the contractor’s access to all previously barred installations. The contractor has since returned to working overseas on behalf of the United States military.
  • In a federal government construction contract for repairs of two dormitories, PilieroMazza attorneys pursued a request for equitable adjustment and, subsequently, claims which involved delay and differing site condition issues.  After appealing the claims before the Court of Federal Claims, our attorneys obtained a monetary settlement through alternative dispute resolution mediation at the Armed Services Board of Contract Appeals.  

Read More Read Less

Lauren Brier

Associate

202.857.1000

lbrier@pilieromazza.com

Samuel S. Finnerty

Associate

202.857.1000

sfinnerty@pilieromazza.com

Peter B. Ford

Partner

202.857.1000

pford@pilieromazza.com

Meghan F. Leemon

Associate

303.501.1300

mleemon@pilieromazza.com

Paul W. Mengel III

Of Counsel

202.857.1000

pmengel@pilieromazza.com

Jonathan Pomerance

Associate

202.857.1000

jpomerance@pilieromazza.com

Patrick T. Rothwell

Associate

202.857.1000

prothwell@pilieromazza.com

Articles

  • BLOG: JEDI Update: AWS Files Agency-Level Protest with Pentagon, The PM Legal Minute Blog, 05.12.20
  • BLOG: FAR Council Rulemaking Error Requires GSA Contractors to Qualify As Small at Time of Award for Certain Orders, The PM Legal Minute Blog, 05.06.20
  • BLOG: For Contractors, an REA for Keeping Your People Safe and on the Job, The PM Legal Minute Blog, 04.30.20
  • BLOG: JEDI Update: Pentagon Files Voluntary Motion for Remand to Reconsider Microsoft Award, The PM Legal Minute Blog, 03.27.20
  • BLOG: JEDI Protest Update: Pentagon Relies on Blue & Gold Fleet to Do Away with AWS’s Allegations of Bias, The PM Legal Minute Blog, 02.26.20
  • BLOG UPDATE: Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision, The PM Legal Minute Blog, 02.06.20
  • BLOG: JEDI Protest Saga Continues: Amazon Protests Microsoft’s Award in Court of Federal Claims, The PM Legal Minute Blog, 11.18.19
  • BLOG: This Just In! SBA’s Implementation of HUBZone Changes and Small Business Runway Extension Act Coming Soon, The PM Legal Minute Blog, 11.14.19
  • BLOG: Microsoft Upsets Amazon in Winner-Take-All Award of Defense Department’s JEDI Contract, The PM Legal Minute Blog, 10.28.19

View More View Less

Events

  • WEBINAR: COVID-19 Guidance for Government Contractors, 07.22.20
  • WEBINAR: Overview of the Request for Equitable Adjustment, Claim and Appeal Process for Government Contractors, 02.19.20

News

  • ANNOUNCEMENT: Former GSA Counsel Jonathan Pomerance Joins PilieroMazza’s Government Contracts Group, 03.11.20
  • Bloomberg Law: Michelle Litteken Comments on Agencies Stopping Performance of Protested Government Contracts, 11.04.19
  • Government Matters Interviews PilieroMazza’s Lauren Brier on JEDI Cloud Contract Award, 10.27.19
  • About Us
  • People
  • Services
  • Insights
  • News
  • Careers
  • Contact Us
  • PM Staff

Washington, DC
888 17th Street NW
11th Floor
Washington, DC 20006

202.857.1000

Boulder, CO
1881 9th Street
Suite 300
Boulder, CO 80302

303.501.1300

Annapolis, MD
1910 Towne Centre Boulevard
Suite 250
Annapolis, MD 21401

410.500.5551

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