R.D. Lieberman,ConsultantNov 15, 20183 minCan A Rubber Stamped Signature Bind A Contractor?Is a rubber stamped signature of the President of a company on a release of claims valid? The Civilian Board of Contract Appeals, under...
R.D. Lieberman,ConsultantOct 2, 20182 minAlleged "Final Contracting Officer Decision" Does Not Cure Absence of Required CertificatiThe Armed Services Board of Contract Appeals recently considered a contractor’s claim for $381,000 for the return of liquidated damages...
R.D. Lieberman,ConsultantSep 12, 20184 minOne Year is the Deadline for Submitting Termination for Convenience Settlement ProposalsDuring the Civil War, at the famous Andersonville Prison, on the inside of the stockade and twenty feet from it, there was a deadline...
R.D. Lieberman,ConsultantAug 3, 20183 minUntimely Claims: Equitable Tolling or Excusable Neglect?A recent Armed Services Board Case gave some insight on the 6-year statute of limitations for filing claims under the Contract Disputes...
R.D. Lieberman,ConsultantJun 5, 20183 minLatent AmbiguityIt is an important rule of interpretation for both solicitations and contracts that the reader must examine the plain language of the...
R.D. Lieberman,ConsultantMay 23, 20182 minOnly A Contractor, Not an Imposter, May Submit a Valid ClaimAn Air Force contracting officer (“CO”) receives an email referencing Contract No. H92237-13-C-5002 (the “Contract”) for general labor...
R.D. Lieberman,ConsultantApr 29, 20182 minFinal Signed Release Bars Future ClaimsOnce again, a contractor was barred from raising future claims on a contract where the same contractor had executed a final release that...
R.D. Lieberman,ConsultantApr 15, 20184 minAgency's Unilateral Modification of Funding Clause is A Breach of Contract, Not a Proper ChangeThis blog recently discussed the limits of the use of the Changes Clause in a contract, noting that the clauses at Federal Acquisition...
R.D. Lieberman,ConsultantApr 4, 20183 minGovernment Waiver of Contract Specifications: When and How?Waiver: The voluntary relinquishment or abandonment – express or implied—of a legal right or advantage. Black’s Law Dict. (10th Ed....
R.D. Lieberman,ConsultantFeb 15, 20183 minContractor Cannot Waive Its Right to Board Review Under the Contract Disputes ActA recent Armed Services Board of Contract Appeals (“ASBCA”) case confirms the fact that a contractor may not assign claims to a surety...
R.D. Lieberman,ConsultantDec 2, 20174 minHow to Sign Your Claim and CertificationThe Contract Disputes Act of 1978 (“CDA”) contains a few simple requirements for claims over $100,000, including certification. Yet to...
R.D. Lieberman,ConsultantNov 20, 20172 minSubcontractor Costs: Can the Prime Bill for Vacation Costs, Even if Invoiced Separately?Is a prime contractor entitled to bill for vacation costs incurred by and owed to its subcontractor on a time and materials contract,...
R.D. Lieberman,ConsultantNov 7, 20173 minChanges Clause Can't Be Used to Change Terms and Conditions, Including Payment TermsThe Federal Acquisition Regulation (“FAR”) defines “change order” to mean “a written order, signed by the contracting officer, directing...
R.D. Lieberman,ConsultantNov 5, 20175 minBe Careful What You SignNow comes two cases decided on the same day by the Armed Services Board of Contract Appeals that demonstrate how important it is for a...
R.D. Lieberman,ConsultantOct 14, 20174 minHow to Get Paid for Wage Determination Increases in Options and Extensions Under the Service ContracContractors know that most contracts for services are subject to the Service Contract Act, 41 U.S.C. § 351(a) (the “SCA”). The SCA was...
R.D. Lieberman,ConsultantAug 31, 20175 minSequestration: A Dozen Ways the Government Can Reduce or Eliminate Your ContractAs of the last week in August 2017, there is no agreement in Washington, DC on a great budgetary trifecta: (1) a needed increase in the...
R.D. Lieberman,ConsultantAug 28, 20173 minFour Reasons Why Specifications Take Precedence Over DrawingsMost construction contractors understand that Federal Acquisition Regulation (“FAR”) 52.236-21, Specifications and Drawings for...
R.D. Lieberman,ConsultantAug 11, 20173 minOne Truth About the Truth in Negotiations ActThe Truth in Negotiations Act (“TINA”) requires that contractors furnish cost or pricing data before an agreement on price for most...
R.D. Lieberman,ConsultantJul 13, 20173 minConstructive AccelerationConstructive acceleration occurs when the government demands the contractor’s compliance with an original contract deadline even though...
R.D. Lieberman,ConsultantMay 25, 20174 minAnother Sad Story of Misplaced Reliance on a Contract Specialist and Improper Exercise of OptionsThis blog has frequently discussed cases supporting the strong principle that the federal government has given the authority to enter...