Government Contracts, Claims & Protests
Government contracting can be intimidating with the efforts required to pursue, secure, and maintain a government contract. Many complex legal issues create a minefield of pitfalls for those contractors performing on a public job. Our government contracts practice assists clients in resolving disputes at the local, state, and national levels. We regularly represent large and small government contractors across many industries including information technology (IT), construction, military base operations and maritime.
Our team provides strategic advice and counseling at all stages of the project from issuance of the request for proposal (RFP)/ invitation for bid (IFB) through project completion. We regularly represent clients in cases involving requests for equitable adjustments (REA), breach of contract claims, assist in evaluating claims for cost accounting purposes, Miller Act claims, and navigating potential False Claims Act liability.
In addition, our team regularly represents clients in pursuing pre-award and post-award bid protests at the administrative level and in subsequent litigation where appropriate. Our attorneys have successfully handled issues ranging from defects in solicitations to bias among members of the evaluation committee.
Our team has worked for many companies assisting with compliance programs for government certifications, DBE compliance programs, DBE investigations, and allowable cost compliance issues on government projects.
Representative Matters
Claims
Represented construction manager at risk in administrative proceedings in Maryland regarding responsibility for removal and replacement of defective materials, including successful judicial review proceedings in Maryland trial and appellate courts.
Represented owner before the Civilian Board of Contract Appeals involving the construction of the FBI’s 220,000 gross square-foot office building and 120,000-square-foot adjoining parking garage in Colorado. Dispute related to the contractual interpretation of real estate taxes and HVAC charges totaling nearly $27 million over the life of the lease.
Represented owner in appeal valued at over $20 million before the Federal Circuit Court of Appeals to resolve payment dispute between owner and General Services Administration.
Represented government contractor in Miller Act dispute in Georgia Federal Court. Successfully obtained judgment on the pleadings resulting in a full dismissal of all claims asserted against client.
Represented government contractor in million-dollar dispute under the Miller Act in Georgia Federal Court. Obtained stay of litigation to assist client in pass through claims before the Armed Services Board of Contract Appeals.
Represented large, national general contractor before the Armed Services Board of Contract Appeals in multi-million payment dispute arising out of multiple contracts for the construction, replacement, and repair of a United States Army base against the United States Army Corps of Engineers (USACE) related to numerous project delays and the assessment of liquidated damages.
Represented construction manager at risk against Georgia city in a 5-party dispute involving the construction of a $195 million new city hall, performing arts center, and open spaces. Dispute involved the city’s wrongful withholding of over $2 million in pay applications with client securing approximately 95% of its claim value through a negotiated settlement.