Legal Remedies and Solutions
We routinely advise clients on the meaning of contractual and regulatory language. Often, these complex documents require the discerning eye of an expert knowledgeable in the legal principles of interpretation. Disputes can often arise due to a lack of understanding and vastly differing interpretations of contractual language between parties. To avoid such disputes, it is essential that both parties ensure that the contractual documents are precisely worded. We focus on reviewing the documents before and after the award to ensure that their meaning is clear to prevent any possible disputes during performance. If there are any issues with performance, we review them to determine whether the language disputes should be resolved in the context of requests for equitable adjustment, as differing interpretations of contract language can lead to compensable changes.
In addition, we provide guidance on interpreting regulations such as data rights and computer software, and we have an in-depth knowledge of all federal, state, and local acquisition regulations, which enables us to answer questions on various subjects such as conflicts of interest, assignments, novation, commercial contracting, sole source procurements, source selection, protests, and small business programs.
Although most disputes should be resolved one-on-one in negotiations, we believe in using a neutral mediator in some instances. We have been through many ADR proceedings with mixed results. We do promote the involvement of a tribunal judge early in the process.
Experience teaches us that at the source of every dispute, there lies animosity between the contract executives and the contracting officer; bad blood breeds contempt and dispute. That is why we emphasize finding and getting very close to the contracting officer with authority and making that person your best friend.