On Demand
Audio
Government Claims and Default Terminations: The Other Side of the Coin
Produced on October 19, 2016
Course Information
Course Description
Join attorneys W. Barron A. Avery and Katherine John as they lay out key dispute resolution techniques and strategies in confronting federal government claims against contractors and terminations for default issued on federal government contracts.
Mr. Avery and Ms. John explain why contractors are seeing an increase in government claims and default terminations, the context in which such claims and terminations arise, and how contractors can avoid and minimize the risk of such claims and terminations. They also lay out the procedural mechanisms that result in claims and terminations, and how contractors should respond when adverse action is taken against the contractor. Mr. Avery and Ms. John conclude with an explanation of how contractors can minimize and even eliminate liability arising from a government claim and default terminations.
Learning Objectives:
I. Understand the landscape driving the increase in government claims and default terminations
II. Understand the context in which government claims are asserted against contractors, why contracts are terminated for default, and what contractors can do to avoid claims and terminations
III. Understand the procedural mechanisms and timeline for how and when government claims and default terminations are issued
IV. Understand how contractors should respond to government claims and default terminations, including how contractors can take advantage of procedural mechanisms to reverse detrimental government action
V. Identify strategies for minimizing or even eliminating liability from government claims and terminations
Credit Information
Faculty
W. Barron A. Avery
BakerHostetler
Barron Avery leads the firm's Government Contracts team, which consists of a group of core attorneys dedicated to counseling and representing clients in the government contracting sector. In his practice, Barron counsels and represents government contractors and subcontractors in a wide range of matters involving all aspects of federal government contracting. With substantial knowledge of the rules and regulations that drive the government contracts industry, Barron provides knowledgeable day-to-day advice and counseling to government contractors.
In addition to his counseling practice, Barron has extensive experience litigating matters on behalf of government contractors and subcontractors. Barron regularly brings and defends bid protests at the Government Accountability Office (GAO) and the Court of Federal Claims (COFC), representing clients in a wide range of industries. He also has particular experience litigating contract disputes before the COFC and boards of contract appeals, particularly the Armed Services Board of Contract Appeals (ASBCA), the Civilian Board of Contract Appeals (CBCA) and the Government Accountability Office Contract Appeals Board (GAOCAB).
Katherine John
BakerHostetler
Katherine John represents government contractors and subcontractors in all aspects of public contract law. Her experience includes litigating bid protests before the Government Accountability Office (GAO) and the Court of Federal Claims (CoFC), resolving contract disputes, conducting internal investigations, and counseling large and small businesses on contract formation, performance, and ethics and compliance issues that arise under public contracts. Katherine’s government contracts experience spans a range of industries, including information technology, battlefield services, defense, healthcare, and construction. She is also a frequent author in the government contracts field and an active alumna of the George Washington University Law School's procurement law program.
Experience
Protests and Contract Disputes
- Secured permanent injunction enjoining government from including unduly restrictive data rights clauses in solicitation despite receipt of proposals in pre-award bid protest in CoFC.
- Defended intervenor in protest of $57 million award before CoFC, resulting in complete denial of all protest grounds.
Compliance, Counseling and Investigations
- Counsels clients regarding hiring former government employees and obtain ethics opinions from Designated Agency Ethics Officials (DAEO).
- Counsels clients regarding performance issues arising under federal government contracts, including differing site conditions, stop work orders, delay claims, acceleration claims, constructive changes, and terminations.
- Represents contractors in internal and government investigations concerning cost accounting, domestic preference requirements, and contract representations and certifications.
- Counsels clients regarding disclosure obligations.
Reviews
Mr. Avery’s depth of knowledge and experience were very evident and allowed for a “conversational” manner of presentation that was an effective and easy listen.
Excellent!
Very well put together presentation with practical advice.
Well done.
This was a great course, and I might actually listen to it on demand as well. It was very substantive and detailed, so I am sure there are points I missed.
In-depth review of the topic
good presenters
Good overall presentation at a high level.
Good course!
Outstanding Program!
Thank you!