Government Contract Litigation
We investigate contract performance against contractual requirements and analyze whether customer acts or omissions give rise to constructive changes to contract requirements or breaches of implied contract obligations. As we investigate the facts, we examine various theories to submit requests for equitable adjustment under the changes clause. We then prepare, submit, and negotiate the settlement of the requests.
On occasion, we have taken these cases to the next level of the dispute resolution process. We have over 80 published judicial decisions. Although we have taken dozens of cases to trial, we have settled most of them by negotiating a settlement. Our recovery success rate exceeds 80%, with over 90% of the cases settled without expensive litigation. Our fee in these cases is recoverable as part of the settlements.
In several cases, we have assisted contractors and subcontractors in avoiding losses on government contracts and subcontracts by successfully negotiating cost disallowance issues with DCAA and convincing contracting officers to convert terminations from default to convenience. Based on knowledge of FAR Part 31 and the DCAA Contract Audit Manual, we have convinced auditors and contracting officers of the allowability of costs, often based on the proper application of allocability principles. In this regard, we often team with forensic accounting firms to add the element of expert accounting reports to our presentation.
We always present a comprehensive written argument followed by finely tuned negotiation techniques. Our success rate in cost disallowance cases is nearly 100%. In cases of terminations for default, we present a comprehensive statement of the facts together with all the excuses for failure to perform. Since every compensable change is an excusable cause of failure to perform, our presentations include requests for equitable adjustment under the contract’s changes clause. We include a pro forma termination for convenience settlement proposal to buttress our argument. We also negotiate termination for convenience settlement proposals. Based on our knowledge of FAR Part 31, we have successfully negotiated the allowability of costs, including our fee.