R.D. Lieberman,Consultant
Can 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...
RICHARD D. LIEBERMAN'S FAR CONSULTING & TRAINING
News and Blogs for Government Contractors
by Richard D. Lieberman, Federal Acquisition Regulation (FAR) Consultant
Government Contracting Blog
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R.D. Lieberman,Consultant
- Oct 2, 2018
- 2 min
Alleged "Final Contracting Officer Decision" Does Not Cure Absence of Required Certificati
The Armed Services Board of Contract Appeals recently considered a contractor’s claim for $381,000 for the return of liquidated damages...
6 views
R.D. Lieberman,Consultant
- Sep 12, 2018
- 4 min
One Year is the Deadline for Submitting Termination for Convenience Settlement Proposals
During the Civil War, at the famous Andersonville Prison, on the inside of the stockade and twenty feet from it, there was a deadline...
6 views
R.D. Lieberman,Consultant
- Aug 2, 2018
- 3 min
Untimely 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...
17 views
R.D. Lieberman,Consultant
- Jun 5, 2018
- 3 min
Latent Ambiguity
It is an important rule of interpretation for both solicitations and contracts that the reader must examine the plain language of the...
16 views
R.D. Lieberman,Consultant
- May 23, 2018
- 2 min
Only A Contractor, Not an Imposter, May Submit a Valid Claim
An Air Force contracting officer (“CO”) receives an email referencing Contract No. H92237-13-C-5002 (the “Contract”) for general labor...
3 views
R.D. Lieberman,Consultant
- Apr 29, 2018
- 2 min
Final Signed Release Bars Future Claims
Once again, a contractor was barred from raising future claims on a contract where the same contractor had executed a final release that...
1 view
R.D. Lieberman,Consultant
- Apr 15, 2018
- 4 min
Agency's Unilateral Modification of Funding Clause is A Breach of Contract, Not a Proper Change
This blog recently discussed the limits of the use of the Changes Clause in a contract, noting that the clauses at Federal Acquisition...
16 views
R.D. Lieberman,Consultant
- Apr 4, 2018
- 3 min
Government 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....
11 views
R.D. Lieberman,Consultant
- Feb 14, 2018
- 3 min
Contractor Cannot Waive Its Right to Board Review Under the Contract Disputes Act
A recent Armed Services Board of Contract Appeals (“ASBCA”) case confirms the fact that a contractor may not assign claims to a surety...
7 views
R.D. Lieberman,Consultant
- Dec 2, 2017
- 4 min
How to Sign Your Claim and Certification
The Contract Disputes Act of 1978 (“CDA”) contains a few simple requirements for claims over $100,000, including certification. Yet to...
1 view
R.D. Lieberman,Consultant
- Nov 20, 2017
- 2 min
Subcontractor 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,...
2 views
R.D. Lieberman,Consultant
- Nov 6, 2017
- 3 min
Changes Clause Can't Be Used to Change Terms and Conditions, Including Payment Terms
The Federal Acquisition Regulation (“FAR”) defines “change order” to mean “a written order, signed by the contracting officer, directing...
24 views
R.D. Lieberman,Consultant
- Nov 5, 2017
- 5 min
Be Careful What You Sign
Now comes two cases decided on the same day by the Armed Services Board of Contract Appeals that demonstrate how important it is for a...
0 views
R.D. Lieberman,Consultant
- Oct 14, 2017
- 4 min
How to Get Paid for Wage Determination Increases in Options and Extensions Under the Service Contrac
Contractors know that most contracts for services are subject to the Service Contract Act, 41 U.S.C. § 351(a) (the “SCA”). The SCA was...
11 views
R.D. Lieberman,Consultant
- Aug 31, 2017
- 5 min
Sequestration: A Dozen Ways the Government Can Reduce or Eliminate Your Contract
As 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...
1 view
R.D. Lieberman,Consultant
- Aug 28, 2017
- 3 min
Four Reasons Why Specifications Take Precedence Over Drawings
Most construction contractors understand that Federal Acquisition Regulation (“FAR”) 52.236-21, Specifications and Drawings for...
65 views
R.D. Lieberman,Consultant
- Aug 11, 2017
- 3 min
One Truth About the Truth in Negotiations Act
The Truth in Negotiations Act (“TINA”) requires that contractors furnish cost or pricing data before an agreement on price for most...
11 views
R.D. Lieberman,Consultant
- Jul 13, 2017
- 3 min
Constructive Acceleration
Constructive acceleration occurs when the government demands the contractor’s compliance with an original contract deadline even though...
3 views
R.D. Lieberman,Consultant
- May 25, 2017
- 4 min
Another Sad Story of Misplaced Reliance on a Contract Specialist and Improper Exercise of Options
This blog has frequently discussed cases supporting the strong principle that the federal government has given the authority to enter...
6 views