Government Construction

The federal government expends extensive amounts of funds on construction projects each year; as such, they regularly hire commercial contractors. Government construction projects are not immune from problems, and when issues arise, it can be difficult for non-government entities to obtain just results. If you need assistance with a matter arising out of a government construction project, it is critical to hire an attorney with the resources necessary to assist you. The dedicated construction litigation attorneys of Croessmann & Westberg, P.C., possess the skills and knowledge needed to help you obtain a good legal outcome, and if you hire us, we will advocate aggressively on your behalf.

Federal construction projects are governed exclusively by federal regulations and laws. The Federal Acquisition Regulation (FAR) is the primary set of rules regarding construction contracts with the federal government. It contains, among other things, standard solicitation and contract provisions, which are notices, instructions, and certification requirements that pertain to any party interested in bidding for a contract. Specifically, FAR sets forth what solicitation provisions and contract clauses are required, required when applicable, and optional. Further, FAR dictates that certain provisions are deemed to be included in government contracts even if they are missing or were intentionally omitted.

The Contract Disputes Act of 1978 (CDA) sets forth the parameters for resolving claims between the federal government and contractors. The CDA applies to any contract the federal government enters into for the procurement of construction, repair, alteration, or maintenance of real property. The CDA defines procurement as the acquisition of services for the benefit or use of the federal government. The CDA applies to any matter related to an applicable contract, including breach of contract and FAR changes claims. Notably, though, the CDA does not apply to bid protests, which are governed by a different federal regulation.

One type of claim that frequently arises with regard to government contracts is a bid challenge. In other words, a party can challenge the government’s award of a construction contract to another party. In order for the challenge to be successful, the protesting party must demonstrate that the party granted the contract or the contracting agency failed to comply with the solicitation requirements. If the protesting party successfully proves its position, the contract award may be set aside.

Parties can also pursue claims if the site conditions differ from what was indicated in the contract. To recover damages under a differing site conditions claim, a party must show that the conditions encountered during the performance of contractual duties materially differed from those indicated in the contract and were reasonably unforeseeable from the information available at the time of bidding. They must also prove that they relied on the contract and its provisions and sustained losses due to the substantial variation from the encountered and expected conditions.

The CDA sets forth clear parameters and deadlines regarding when and how claims must be filed, and they are strictly construed. As such, regardless of the basis of a party’s claim against the federal government, they must comply with the procedural requirements; otherwise, their claim may be dismissed.

Government construction projects often involve lengthy agreements, and contractors aggrieved by unjust actions during the process of bidding on or completing a project often feel they are powerless to voice their concerns. If you have questions about your rights with regard to a government construction project, it is critical to speak to an attorney about your potential claims. The experienced lawyers of Croessmann & Westberg, P.C. take pride in helping parties fight to protect their interests, and if we represent you, we will diligently pursue the best possible outcome available under the facts of your case. You can reach us via our online form or by calling us at (703) 483-3550 to set up a confidential conference.