Claims Under the Contract Disputes Act
The Contract Disputes Act (CDA) governs most disputes between contractors and the federal government. We represent contractors at every stage, from preparing a claim to litigating it before a board of contract appeals or the U.S. Court of Federal Claims.
Getting the claim right
- A claim must be in writing, request a final decision and state a sum certain.
- Claims over $100,000 must be certified.
- Claims generally must be submitted within six years after they accrue.
Appeals
After a contracting officer's final decision, or a deemed denial, a contractor may appeal to the agency board of contract appeals within 90 days or file suit in the Court of Federal Claims within 12 months. These deadlines are strict. Choosing the right forum is an important strategic decision.
Where we practice
- U.S. Court of Federal Claims
- Armed Services Board of Contract Appeals (ASBCA)
- Civilian Board of Contract Appeals (CBCA)
- Postal Service Board of Contract Appeals (PSBCA)
If you have received a final decision or are preparing a claim, call 703.448.1810.
Building a claim that holds up
Most claim disputes are won or lost on the record built before the claim is filed. We help contractors assemble the documents that show what changed and why: correspondence with the contracting officer, daily reports and schedules, cost records and the notices required by the contract's changes, differing site conditions or stop-work clauses. We then present the claim with a clear account of entitlement (why the government owes more) and quantum (how much).
What happens after you submit a claim
For claims of $100,000 or less, the contracting officer must issue a decision within 60 days if the contractor asks for one. For larger claims, the contracting officer must decide within 60 days or tell the contractor when a decision will issue. If the contracting officer does not decide in time, the claim is deemed denied and the contractor may appeal. Interest on a successful claim runs from the date the contracting officer receives it.
Faster procedures for smaller claims
The boards offer an accelerated procedure for claims of $100,000 or less and an expedited small-claims procedure for claims of $50,000 or less, or $150,000 or less for small businesses. These can resolve a dispute in months rather than years.
Questions clients ask
What makes something a "claim" under the Contract Disputes Act? A written demand to the contracting officer that asks for a final decision and states a specific amount, called a sum certain. Claims over $100,000 must include the certification language set out in the statute.
How long do I have to submit a claim? Generally six years from when the claim accrues, which is usually when the contractor knew or should have known of the government's action that caused the harm.
Should I appeal to a board or the Court of Federal Claims? Boards are often faster and less formal and have judges who hear only contract cases. The Court of Federal Claims offers broader discovery and a single forum for related claims. You have 90 days to appeal to a board or 12 months to sue in the Court, and the choice is generally binding.
Can I keep working while a claim is pending? Yes, and usually you must. The disputes clause generally requires the contractor to keep performing as directed by the contracting officer while the claim is resolved.
Related reading: Got a Contracting Officer's Final Decision? The Clock Is Running and Recovering Delay Damages on Government Construction Contracts
