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PilieroMazza PLLC.
  • About Us
  • People
  • Services
  • Insights
  • Join Us!
  • Contact Us
PilieroMazza PLLC.
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Government Contract Claims & Appeals

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Overview

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For companies doing business with the federal government, certain government contracts may not go as planned. Filing a claim related to a government contract—and appealing that claim, if necessary—can seem daunting to prime contractors and subcontractors. Attorneys in PilieroMazza’s Government Contract Claims & Appeals Group offer government contractors of all sizes seasoned counsel in preparing, prosecuting, and settling claims across all types of government contracts. Clients from a wide range of industries benefit from the Group’s substantial experience advocating for their rights, as well as our productive relationships with government representatives from various agencies.

While performing a government contract, a prime or subcontractor may discover that: 

  • it has experienced one or more delays to performance;
  • the government-furnished technical data package contains errors or ambiguities; 
  • the government-furnished information or equipment was delivered late or does not work; 
  • the government agency’s inspections were more rigorous than could have been reasonably expected; 
  • the government agency directs it to perform work outside the scope of the contract; or 
  • there are any number of other performance problems outside of its control.  

Each of the above challenges may have caused the prime or subcontractor delays in or increased the cost of performing the contract.  The prime contractor may need to file a request for equitable adjustment (REA) or a formal “claim” in order to recoup time and/or money.  

Notable illustrations of our attorneys’ experience with claims and appeals include: 

  • With respect to a federal environment remediation contract, PilieroMazza attorneys filed an appeal before the Armed Services Board of Contract Appeals with regard to a wrongful termination for default related to the inability of the contractor, through no fault of its own, to obtain bonding.  Our attorneys prosecuted a settlement in which it obtained a conversion of the termination for default into a no-cost termination for convenience.  
  • Successfully represented a government contractor who the government had unjustifiably terminated for default from a commercial item supply contract for the delivery of fuel to Bagram Air Base in Afghanistan. On appeal, the Armed Services Board of Contract Appeals found the government had not met its burden to demonstrate a prima facie case of the contractor’s default. The termination was converted from a termination for default to a termination for convenience.
  • For a federal government construction contract, the Firm prosecuted a large-scale set of claims which involved numerous issues including, among others, differing site conditions, constructive change, and a wrongful termination of the contract for default.  After appealing this set of claims at the Court of Federal Claims, PilieroMazza attorneys obtained a settlement in which our client received a monetary recovery in excess of $500,000 and a conversion of the termination for default to a modification of the contract.
  • Successfully represented a contractor on the appeal of a base debarment from certain Department of Defense installations in the Middle East. After review of the surrounding facts and circumstances examined in the written appeal, the Department of the Army approved the appeal and reinstated the contractor’s access to all previously barred installations. The contractor has since returned to working overseas on behalf of the United States military.
  • In a federal government construction contract for repairs of two dormitories, PilieroMazza attorneys pursued a request for equitable adjustment and, subsequently, claims which involved delay and differing site condition issues.  After appealing the claims before the Court of Federal Claims, our attorneys obtained a monetary settlement through alternative dispute resolution mediation at the Armed Services Board of Contract Appeals.  

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Our People

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Megan A. Benevento

Associate

202.857.1000

mbenevento@pilieromazza.com

Lauren Brier

Associate

202.857.1000

lbrier@pilieromazza.com

Samuel S. Finnerty

Associate

202.857.1000

sfinnerty@pilieromazza.com

Peter B. Ford

Partner

303.501.1300

pford@pilieromazza.com

Meghan F. Leemon

Associate

303.501.1300

mleemon@pilieromazza.com

Ora Nwabueze

Associate

202.857.1000

ora@pilieromazza.com

Patrick T. Rothwell

Associate

202.857.1000

prothwell@pilieromazza.com

Areas of Focus

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Related Practice Areas

  • Government Contracts
  • Litigation & Dispute Resolution

Insights

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Articles

  • JEDI Update: 3 Years After Launch, DOD’s Critical Cloud Computing Contract Is Still On Hold, The PM Legal Minute Blog, 10.26.20
  • PilieroMazza Summarizes SBA’s Final Rule on Mentor-Protégé Programs, PilieroMazza Client Alert, 10.16.20
  • Is Your Arbitration Clause Leaving You Exposed?:  3 Ways to Protect Yourself, The PM Legal Minute Blog, 10.06.20
  • Certain SBA Loan Review Decisions Under Paycheck Protection Program Appealable, PilieroMazza Client Alert, 08.26.20
  • BLOG: JEDI Update: AWS Files Agency-Level Protest with Pentagon, The PM Legal Minute Blog, 05.12.20
  • BLOG: FAR Council Rulemaking Error Requires GSA Contractors to Qualify As Small at Time of Award for Certain Orders, The PM Legal Minute Blog, 05.06.20
  • BLOG: For Contractors, an REA for Keeping Your People Safe and on the Job, The PM Legal Minute Blog, 04.30.20
  • BLOG: JEDI Update: Pentagon Files Voluntary Motion for Remand to Reconsider Microsoft Award, The PM Legal Minute Blog, 03.27.20
  • BLOG: Employers: A Briefing on Federal Agencies’ Responses to COVID-19, The PM Legal Minute Blog, 03.25.20
  • BLOG: 4 Things to Know About DOJ’s Procurement Collusion Strike Force, The PM Legal Minute Blog, 03.13.20
  • BLOG: JEDI Protest Update: Pentagon Relies on Blue & Gold Fleet to Do Away with AWS’s Allegations of Bias, The PM Legal Minute Blog, 02.26.20
  • BLOG UPDATE: Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision, The PM Legal Minute Blog, 02.06.20
  • BLOG: Government Agencies Release 2020 Regulatory Agendas, The PM Legal Minute Blog, 01.02.20
  • BLOG: Performance Anxiety: Five Questions from Government Contractors on Past Performance, The PM Legal Minute Blog, 12.13.19
  • BLOG: JEDI Protest Saga Continues: Amazon Protests Microsoft’s Award in Court of Federal Claims, The PM Legal Minute Blog, 11.18.19
  • SBA Publishes Important Proposed Rule Changes to 8(a) and Mentor-Protégé Programs, PilieroMazza Client Alert, 11.08.19
  • BLOG: Microsoft Upsets Amazon in Winner-Take-All Award of Defense Department’s JEDI Contract, The PM Legal Minute Blog, 10.28.19
  • BLOG: This Project Is Behind Schedule – What Is a Contractor to Do?, The PM Legal Minute Blog, 08.06.19
  • BLOG: How Government Contractors Can Take Advantage of CPARS Trends to Win (and Maintain) Federal Contracts, The PM Legal Minute Blog, 07.19.19
  • BLOG: Challenging a Negative CPARS: What Remedies Are Available?, The PM Legal Minute Blog, 05.22.19
  • Subcontract Language Controls, Even When It May Not Be Fair, The PM Legal Minute Blog, 02.05.19
  • The Contracting Officer Denied My Claim: Is It Time to Appeal?, The PM Legal Minute Blog, 01.30.19
  • OHA Explains Which SDVOSB Eligibility Rules Apply in Its First VA SDVOSB Protest Decision, The PM Legal Minute Blog, 12.21.18
  • SBA’s Office of Hearings and Appeals Clarifies the (Not So Obvious) Effect of Size and Status Recertifications, The PM Legal Minute Blog, 02.21.18
  • Review of NAICS Codes Assignments Reveals Inconsistencies and Small Percentage of Successful Appeals, The PM Legal Minute Blog, 02.15.18
  • Your Annual Performance of Work Report Is Due Soon, The PM Legal Minute Blog, 12.12.17
  • SBA Proposes Rules for OHA to Consider CVE Appeals and Protests, The PM Legal Minute Blog, 11.08.17
  • SBA Office of Hearings and Appeals Reaffirms “Unconditional Ownership” Requirement in the SBA SDVOSB Program, The PM Legal Minute Blog, 09.29.17
  • House Small Business Committee Approves Legislation Providing For Expedited Partial Payments of Requests for Equitable Adjustment to Small Construction Contractors, The PM Legal Minute Blog, 07.05.17
  • New Option for Past Performance Ratings, 05.26.17
  • What Every Contractor Should Know About Requests for Equitable Adjustment, The PM Legal Minute Blog, 04.10.17
  • New Pilot Program Will Give Certain Small Businesses New Option to Obtain Past Performance Ratings – Patrick Rothwell – Legal Advisor, 01.18.17
  • UPDATED: Dissatisfied with an Unsatisfactory Rating? Contractor Options for Challenging CPARS, The PM Legal Minute Blog, 10.20.15
  • The Ins and Outs of NAICS Code Appeals, The PM Legal Minute Blog, 09.24.14
  • Small Business Construction Contractors Must Voice Their Concerns, The PM Legal Minute Blog, 03.07.14
  • “Military Contract Appeals Board Case Shows Risks of Fraud,” LAW360 article by Cy Alba, 09.23.13
  • Military Contract Appeals Board Case Shows Risks of Fraud – Cy Alba, Law360, 09.20.13
  • Business Friendly Decisions on Size Appeals – Patrick Rothwell, Set-Aside Alert, 03.23.12

View More View Less

Events

  • Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks, Webinar, 09.08.20
  • WEBINAR: PCI Forum: Protecting Past Performance, Webinar, 07.24.20
  • WEBINAR: COVID-19 Guidance for Government Contractors, PilieroMazza Webinar, 07.22.20
  • Certified Payroll: Guide to Avoiding False Certification, 06.10.20
  • WEBINAR: Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks, 06.08.20
  • WEBINAR: Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks, 05.13.20
  • WEBINAR: Overview of the Request for Equitable Adjustment, Claim and Appeal Process for Government Contractors, 02.19.20
  • Top Legal Questions from Government Contractors, 11.21.19
  • WEBINAR: “Past Performance” of Government Contractors: Obtaining It, Using It, and Defending It, 10.29.19
  • A Practical Guide to the Davis-Bacon Act, 09.20.19
  • “Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks”, Webinar, 04.17.19
  • Common Claims Under Construction Contracts, PilieroMazza Webinar, 08.30.17
  • Construction Claims and Pitfalls: General Claims/Requests for Equitable Adjustments (REAs), Webinar, 06.11.15

View More View Less

News

  • ANNOUNCEMENT: Former GSA Counsel Jonathan Pomerance Joins PilieroMazza’s Government Contracts Group, 03.11.20
  • Bloomberg Law: Michelle Litteken Comments on Agencies Stopping Performance of Protested Government Contracts, 11.04.19
  • Government Matters Interviews PilieroMazza’s Lauren Brier on JEDI Cloud Contract Award, 10.27.19
  • New Option for Past Performance Ratings, 05.26.17
  • New Pilot Program Will Give Certain Small Businesses New Option to Obtain Past Performance Ratings – Patrick Rothwell – Legal Advisor, 01.18.17
  • “Military Contract Appeals Board Case Shows Risks of Fraud,” LAW360 article by Cy Alba, 09.23.13
  • Military Contract Appeals Board Case Shows Risks of Fraud – Cy Alba, Law360, 09.20.13
  • Business Friendly Decisions on Size Appeals – Patrick Rothwell, Set-Aside Alert, 03.23.12

View More View Less

Overview Our People Areas of Focus Insights

For companies doing business with the federal government, certain government contracts may not go as planned. Filing a claim related to a government contract—and appealing that claim, if necessary—can seem daunting to prime contractors and subcontractors. Attorneys in PilieroMazza’s Government Contract Claims & Appeals Group offer government contractors of all sizes seasoned counsel in preparing, prosecuting, and settling claims across all types of government contracts. Clients from a wide range of industries benefit from the Group’s substantial experience advocating for their rights, as well as our productive relationships with government representatives from various agencies.

While performing a government contract, a prime or subcontractor may discover that: 

  • it has experienced one or more delays to performance;
  • the government-furnished technical data package contains errors or ambiguities; 
  • the government-furnished information or equipment was delivered late or does not work; 
  • the government agency’s inspections were more rigorous than could have been reasonably expected; 
  • the government agency directs it to perform work outside the scope of the contract; or 
  • there are any number of other performance problems outside of its control.  

Each of the above challenges may have caused the prime or subcontractor delays in or increased the cost of performing the contract.  The prime contractor may need to file a request for equitable adjustment (REA) or a formal “claim” in order to recoup time and/or money.  

Notable illustrations of our attorneys’ experience with claims and appeals include: 

  • With respect to a federal environment remediation contract, PilieroMazza attorneys filed an appeal before the Armed Services Board of Contract Appeals with regard to a wrongful termination for default related to the inability of the contractor, through no fault of its own, to obtain bonding.  Our attorneys prosecuted a settlement in which it obtained a conversion of the termination for default into a no-cost termination for convenience.  
  • Successfully represented a government contractor who the government had unjustifiably terminated for default from a commercial item supply contract for the delivery of fuel to Bagram Air Base in Afghanistan. On appeal, the Armed Services Board of Contract Appeals found the government had not met its burden to demonstrate a prima facie case of the contractor’s default. The termination was converted from a termination for default to a termination for convenience.
  • For a federal government construction contract, the Firm prosecuted a large-scale set of claims which involved numerous issues including, among others, differing site conditions, constructive change, and a wrongful termination of the contract for default.  After appealing this set of claims at the Court of Federal Claims, PilieroMazza attorneys obtained a settlement in which our client received a monetary recovery in excess of $500,000 and a conversion of the termination for default to a modification of the contract.
  • Successfully represented a contractor on the appeal of a base debarment from certain Department of Defense installations in the Middle East. After review of the surrounding facts and circumstances examined in the written appeal, the Department of the Army approved the appeal and reinstated the contractor’s access to all previously barred installations. The contractor has since returned to working overseas on behalf of the United States military.
  • In a federal government construction contract for repairs of two dormitories, PilieroMazza attorneys pursued a request for equitable adjustment and, subsequently, claims which involved delay and differing site condition issues.  After appealing the claims before the Court of Federal Claims, our attorneys obtained a monetary settlement through alternative dispute resolution mediation at the Armed Services Board of Contract Appeals.  

Read More Read Less

Megan A. Benevento

Associate

202.857.1000

mbenevento@pilieromazza.com

Lauren Brier

Associate

202.857.1000

lbrier@pilieromazza.com

Samuel S. Finnerty

Associate

202.857.1000

sfinnerty@pilieromazza.com

Peter B. Ford

Partner

303.501.1300

pford@pilieromazza.com

Meghan F. Leemon

Associate

303.501.1300

mleemon@pilieromazza.com

Ora Nwabueze

Associate

202.857.1000

ora@pilieromazza.com

Patrick T. Rothwell

Associate

202.857.1000

prothwell@pilieromazza.com

Related Practice Areas

  • Government Contracts
  • Litigation & Dispute Resolution

Articles

  • JEDI Update: 3 Years After Launch, DOD’s Critical Cloud Computing Contract Is Still On Hold, The PM Legal Minute Blog, 10.26.20
  • PilieroMazza Summarizes SBA’s Final Rule on Mentor-Protégé Programs, PilieroMazza Client Alert, 10.16.20
  • Is Your Arbitration Clause Leaving You Exposed?:  3 Ways to Protect Yourself, The PM Legal Minute Blog, 10.06.20
  • Certain SBA Loan Review Decisions Under Paycheck Protection Program Appealable, PilieroMazza Client Alert, 08.26.20
  • BLOG: JEDI Update: AWS Files Agency-Level Protest with Pentagon, The PM Legal Minute Blog, 05.12.20
  • BLOG: FAR Council Rulemaking Error Requires GSA Contractors to Qualify As Small at Time of Award for Certain Orders, The PM Legal Minute Blog, 05.06.20
  • BLOG: For Contractors, an REA for Keeping Your People Safe and on the Job, The PM Legal Minute Blog, 04.30.20
  • BLOG: JEDI Update: Pentagon Files Voluntary Motion for Remand to Reconsider Microsoft Award, The PM Legal Minute Blog, 03.27.20
  • BLOG: Employers: A Briefing on Federal Agencies’ Responses to COVID-19, The PM Legal Minute Blog, 03.25.20
  • BLOG: 4 Things to Know About DOJ’s Procurement Collusion Strike Force, The PM Legal Minute Blog, 03.13.20
  • BLOG: JEDI Protest Update: Pentagon Relies on Blue & Gold Fleet to Do Away with AWS’s Allegations of Bias, The PM Legal Minute Blog, 02.26.20
  • BLOG UPDATE: Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision, The PM Legal Minute Blog, 02.06.20
  • BLOG: Government Agencies Release 2020 Regulatory Agendas, The PM Legal Minute Blog, 01.02.20
  • BLOG: Performance Anxiety: Five Questions from Government Contractors on Past Performance, The PM Legal Minute Blog, 12.13.19
  • BLOG: JEDI Protest Saga Continues: Amazon Protests Microsoft’s Award in Court of Federal Claims, The PM Legal Minute Blog, 11.18.19
  • SBA Publishes Important Proposed Rule Changes to 8(a) and Mentor-Protégé Programs, PilieroMazza Client Alert, 11.08.19
  • BLOG: Microsoft Upsets Amazon in Winner-Take-All Award of Defense Department’s JEDI Contract, The PM Legal Minute Blog, 10.28.19
  • BLOG: This Project Is Behind Schedule – What Is a Contractor to Do?, The PM Legal Minute Blog, 08.06.19
  • BLOG: How Government Contractors Can Take Advantage of CPARS Trends to Win (and Maintain) Federal Contracts, The PM Legal Minute Blog, 07.19.19
  • BLOG: Challenging a Negative CPARS: What Remedies Are Available?, The PM Legal Minute Blog, 05.22.19
  • Subcontract Language Controls, Even When It May Not Be Fair, The PM Legal Minute Blog, 02.05.19
  • The Contracting Officer Denied My Claim: Is It Time to Appeal?, The PM Legal Minute Blog, 01.30.19
  • OHA Explains Which SDVOSB Eligibility Rules Apply in Its First VA SDVOSB Protest Decision, The PM Legal Minute Blog, 12.21.18
  • SBA’s Office of Hearings and Appeals Clarifies the (Not So Obvious) Effect of Size and Status Recertifications, The PM Legal Minute Blog, 02.21.18
  • Review of NAICS Codes Assignments Reveals Inconsistencies and Small Percentage of Successful Appeals, The PM Legal Minute Blog, 02.15.18
  • Your Annual Performance of Work Report Is Due Soon, The PM Legal Minute Blog, 12.12.17
  • SBA Proposes Rules for OHA to Consider CVE Appeals and Protests, The PM Legal Minute Blog, 11.08.17
  • SBA Office of Hearings and Appeals Reaffirms “Unconditional Ownership” Requirement in the SBA SDVOSB Program, The PM Legal Minute Blog, 09.29.17
  • House Small Business Committee Approves Legislation Providing For Expedited Partial Payments of Requests for Equitable Adjustment to Small Construction Contractors, The PM Legal Minute Blog, 07.05.17
  • New Option for Past Performance Ratings, 05.26.17
  • What Every Contractor Should Know About Requests for Equitable Adjustment, The PM Legal Minute Blog, 04.10.17
  • New Pilot Program Will Give Certain Small Businesses New Option to Obtain Past Performance Ratings – Patrick Rothwell – Legal Advisor, 01.18.17
  • UPDATED: Dissatisfied with an Unsatisfactory Rating? Contractor Options for Challenging CPARS, The PM Legal Minute Blog, 10.20.15
  • The Ins and Outs of NAICS Code Appeals, The PM Legal Minute Blog, 09.24.14
  • Small Business Construction Contractors Must Voice Their Concerns, The PM Legal Minute Blog, 03.07.14
  • “Military Contract Appeals Board Case Shows Risks of Fraud,” LAW360 article by Cy Alba, 09.23.13
  • Military Contract Appeals Board Case Shows Risks of Fraud – Cy Alba, Law360, 09.20.13
  • Business Friendly Decisions on Size Appeals – Patrick Rothwell, Set-Aside Alert, 03.23.12

View More View Less

Events

  • Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks, Webinar, 09.08.20
  • WEBINAR: PCI Forum: Protecting Past Performance, Webinar, 07.24.20
  • WEBINAR: COVID-19 Guidance for Government Contractors, PilieroMazza Webinar, 07.22.20
  • Certified Payroll: Guide to Avoiding False Certification, 06.10.20
  • WEBINAR: Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks, 06.08.20
  • WEBINAR: Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks, 05.13.20
  • WEBINAR: Overview of the Request for Equitable Adjustment, Claim and Appeal Process for Government Contractors, 02.19.20
  • Top Legal Questions from Government Contractors, 11.21.19
  • WEBINAR: “Past Performance” of Government Contractors: Obtaining It, Using It, and Defending It, 10.29.19
  • A Practical Guide to the Davis-Bacon Act, 09.20.19
  • “Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks”, Webinar, 04.17.19
  • Common Claims Under Construction Contracts, PilieroMazza Webinar, 08.30.17
  • Construction Claims and Pitfalls: General Claims/Requests for Equitable Adjustments (REAs), Webinar, 06.11.15

View More View Less

News

  • ANNOUNCEMENT: Former GSA Counsel Jonathan Pomerance Joins PilieroMazza’s Government Contracts Group, 03.11.20
  • Bloomberg Law: Michelle Litteken Comments on Agencies Stopping Performance of Protested Government Contracts, 11.04.19
  • Government Matters Interviews PilieroMazza’s Lauren Brier on JEDI Cloud Contract Award, 10.27.19
  • New Option for Past Performance Ratings, 05.26.17
  • New Pilot Program Will Give Certain Small Businesses New Option to Obtain Past Performance Ratings – Patrick Rothwell – Legal Advisor, 01.18.17
  • “Military Contract Appeals Board Case Shows Risks of Fraud,” LAW360 article by Cy Alba, 09.23.13
  • Military Contract Appeals Board Case Shows Risks of Fraud – Cy Alba, Law360, 09.20.13
  • Business Friendly Decisions on Size Appeals – Patrick Rothwell, Set-Aside Alert, 03.23.12

View More View Less

  • About Us
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  • Join Us!
  • Contact Us

Washington, DC
888 17th Street NW
11th Floor
Washington, DC 20006

202.857.1000

Boulder, CO
1637 Pearl Street
Suite 202
Boulder, CO 80302

303.501.1300

Annapolis, MD
1910 Towne Centre Boulevard
Suite 250
Annapolis, MD 21401

410.500.5551

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