Moulton & Price, PC is one of the few firms that specialize in Armed Services Board of Contract Appeals cases. We are also one of the few firms that will take such cases on a contingency basis. If you are involved in a contract dispute with one of the armed services, it is vital that you engage an attorney experienced in such disputes at the earliest possible time. Failure to follow proper procedures may result in your forfeiting your claims.
The formal dispute resolution process commences when a contractor submits a claim to the contracting officer in accordance with the Contract Disputes Act of 1978 (the “CDA”), 41 U.S.C. section 601 et seq. The claim, in writing, must demand money, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. The claim must also request the contracting officer for a final decision. On claims exceeding $100,000, there must be a good faith certification of the accuracy and completeness of the supporting data.
A voucher, invoice, or other routine request for payment is not a claim under the CDA until the Government disputes the request either as to liability or amount, or it is not acted upon in a reasonable time. Once the submission is deemed a claim, interest begins to accrue on the claim at the rate established by the Secretary of the Treasury pursuant to Pub. L. 92-41 (85 Stat. 97). See 41 U.S.C. section 611. Moreover, the clock begins to run concerning the time in which the contracting officer must issue a final decision. Once the contracting officer issues a final decision, the contractor may appeal the decision to either the U.S. Court of Federal Claims or the applicable board of contract appeals.
While it is certainly possible for a contractor to file a claim on its own behalf, it is not advisable. Contract law, and in particular, Government procurement law, is a complex area of the law full of pitfalls. Failure to follow the proper procedures and to present appropriate claims can result in the summary dismissal of your claims. Before filing a claim, call Moulton & Price, PC (903) 871-3169 for a free consultation. We represent clients throughout the country and will not charge you for travel expenses.