Requests for Equitable Adjustment, Change Orders, and Constructive Changes

What is a constructive change? A constructive change is a doctrine of law invented by judges that protects your company from getting “ripped off.” If the contracting officer’s words, writings, communications, acts, or failure to act causes your company to make changes under the contract—even though there was no formal change order—the doctrine of constructive […]

How to Ask for More Money on Your Government Contract: Request for Equitable Adjustment or Claim

Strangely enough, the Contract Disputes Act of 1978 (CDA) does not define its most important term—“claim.”  As a result, courts look to the Federal Acquisition Regulation (FAR) for guidance.  FAR 2.101 defines a claim as a “written demand or written assertion by one of the contracting parties, seeking, as a matter of right, the payment […]

How to Write a Contracting Officer Final Decision for Government Contract Claims

Include all the required elements of a Final Decision of a Government Contract Claim The Contracting Officer’s Final Decision (hereafter “Final Decision”) is an incredibly important document because it is the Government’s initial response to a contractor’s claim under the Contract Disputes Act. It serves as the Government’s opening move in the claim process and sets the stage for future litigation. […]