We regularly assist clients in preparing, submitting, and negotiating claims for equitable adjustment, and for other relief, both monetary and non-monetary. Some examples include:
- Proposals for termination settlement costs. We advise clients on which costs are allowable, and how to compute and present them, including the selection of the proper format under the regulations. We assist in convincing Government personnel that the claimed cost categories are indeed appropriate, providing support when necessary from the text of the regulations or from decided cases. We prepare any request for equitable adjustment needed to avoid a “loss adjustment” to the amounts recovered. We find and support those legal theories which can maximize recovery.
- Claims for defective Government-furnished property. We assist in presenting claims for additional costs due to defective property furnished to the contractor by the Government for performance purposes. For instance, we assisted in recovery of the additional costs incurred when the contractor staffed a Government facility which was inadequate for its intended use.
- Claims for constructive changes. We advise on which types of events qualify as a compensable change to the contract, and how to prevent having such a claim defeated by the alleged lack of authority of Government agents. We work with the contractor’s accounting and/or bookkeeping staff to preserve and present the additional costs. We provide the necessary legal authority to establish entitlement to relief.