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WHEN A REQUEST FOR EQUITABLE ADJUSTMENT SHOULD BE TREATED AS A CLAIM UNDER THE CONTRACT DISPUTES ACT

Posted on 24 July, 2022
In federal contracting, contractors are sometimes torn about submitting a request for equitable adjustment (known as an “REA” under 48 C.F.R. 252.243-7002) or submitting a formal claim under the Contract Disputes Act (41 U.S.C. s. 7103), the latter requiring a

Narrow Promissory Estoppel Exception to Create Insurance Coverage

Posted on 17 July, 2022
There is an affirmative claim known as promissory estoppel.  (Whereas equitable estoppel is used an affirmative defense, promissory estoppel is used as an affirmative claim.) To prove promissory estoppel, a plaintiff must plead and prove the following three elements: “(1) a representation as to a material fact that is contrary to...

THE RISK OF A FIXED PRICE CONTRACT IS THE MARKET

Posted on 10 July, 2022
When performing work on a fixed price or unit, there is risk that is being assumed on your end.  One risk is the market.  You are ultimately banking on the fact that the market is not going to make your fixed prices unprofitable.  That’s not an...

NOTIFICATION TO INSURER AND THE “UNTIMELY NOTICE” FIGHT

Posted on 2 July, 2022
Notice, notice, notice. This should be your mindset when it comes to notifying your insurance carrier of a potential claim or loss.  I get it. Notice means opening up a claim number and the potential increase in insurance premiums.  Yet, untimely notice could mean fighting with your insurance...

DOES YOUR JURISDICTION RECOGNIZE THE CARDINAL CHANGE DOCTRINE?

Posted on 26 June, 2022
The contract was cardinally changed.  Have you heard that before?  It is a “sexy” doctrine, but, in actuality, cardinal change is hard to demonstrate.  Under certain factual scenarios, it could have traction, but whether it will be recognized in the jurisdiction is typically a...