REA's and Claims: Seeking Compensation for Issues Arising from Government Contracts

(155 Ratings)

Produced on: October 20, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 64 minutes
Difficulty Intermediate

As any contractor doing work for the Federal government will tell you, being awarded the contract is only the beginning. Performance presents a whole new series of challenges. The Federal Acquisition Regulations (FAR) and its supplementary regulations impose a host of obligations on contractors, and can impact the ways in which a contractor performs a contract. These rules and regulations also dictate the ways in which contractors can seek compensation for unanticipated costs incurred on the job. In this session, two key strategies for seeking compensation when something goes wrong post-award are discussed: Requests for Equitable Adjustment and Claims. 

This class examines key differences between the two and strategies for maximizing a contractor’s chances of success when making claims against the Federal Government. Further, this class walks through the Contract Disputes Act claims and appeals process, and provide strategies for learning how to maximize a contractor’s chances of success when making claims against the Federal government.  


Learning Objectives:

  1. Understand the difference between Requests for Equitable Adjustment and Claims under the Contract Disputes Act
  2. Learn the regulatory requirements for filing either a Request for Equitable Adjustment or a Claim
  3. Become familiar with the process of appealing a Claim
  4. Gain strategies for maximizing success in filing claims against the Federal government

Faculty

Amy M. Kirby

Cohen Seglias

AMY M. KIRBY is an Associate in the Federal Construction Group and focuses her practice on government construction litigation. Amy’s practice includes a wide variety of federal construction matters. She provides support to clients during all stages of contract management from assisting with the preparation of contract proposals through negotiating final contract close­out and beyond. Specifically, Amy assists clients with preparation of proposals and bids, as well as representing their interests related to pre and post award bid protests. She advises clients on various issues that arise during contract performance such as differing site conditions, changes, and defective specifications. Amy works with clients on all manner of contract concerns including payment issues, requests for equitable adjustments, claims, and terminations for both convenience and default. She represents clients in dispute resolution at the contractor level, as well as appeals before the various Boards of Contract Appeals, the Court of Federal Claims and various state and federal courts.

Prior to joining Cohen Seglias, Amy was an Assistant Public Defender in Portsmouth, VA. During her time with the Public Defender’s Office, Amy tried numerous jury trials gaining extensive litigation experience. Prior to her time in the Public Defender’s Office, Amy worked for the U.S. Army Corps of Engineers in Winchester, VA. Litigation was Amy’s primary focus while with the Corps of Engineers, where she worked on numerous appeals before the Armed Services Board of Contract Appeals as well as protests with the Government Accountability Office.



Maria Panichelli

Cohen Seglias Pallas Greenhall & Furman

Maria’s practice focuses on all aspects of federal government procurement law, including bid protests, Contract Disputes Act (CDA) claims and litigation, statutory and regulatory compliance counseling, and small business procurement. She represents a variety of government contractors including construction contractors, information technology and information system contractors, advisory and assistant service contractors, security contractors, dredging contractors, environmental remediation contractors, and suppliers. Maria counsels and guides her clients through the entire lifecycle of their government contracts, providing comprehensive representation that allows her clients to navigate complicated legal requirements while fulfilling their own business goals.

Maria represents clients before numerous federal agencies, the Government Accountability Office (GAO), and various federal and state courts. Her practice includes contract interpretation matters, performance counseling, the drafting and negotiation of Requests for Equitable Adjustment (REA) and claims, claims litigation and appeals, the resolution of subcontractor disputes, including through the use of pass-through claims and liquidating agreements, and Miller Act bond claims. Though her practice is not limited to construction alone, Maria has substantial experience with a wide range of construction-related issues such as defective designs, defective specifications, differing site conditions, changes, suspensions, delays, liquidated damages, and contract terminations. Maria regularly counsels clients regarding compliance with the Federal Acquisition Regulation (FAR) and its supplementary regulations, the False Claims Act, the Buy American Act, and other federal regulations.

Having acquired substantial experience with the government’s 8(a), SDVOSB, WOSB and HUBZone small business programs, Maria provides assistance to clients competing for small business program set-aside contracts. She assists clients with small business eligibility analyses and has successfully challenged negative agency findings regarding clients’ SDVOSB, HUBZone, and 8(a) eligibility and defeated size- and status-related bid protests brought by clients’ competitors. As part of her practice, Maria has considerable experience drafting teaming and joint venture agreements and advising small business clients on potential affiliation problems, subcontracting requirements, and the SBA’s mentor-protégé programs.

Maria is active in numerous federal contracting- and construction-related professional associations and is a frequent contributor to the firm’s Federal Construction Contracting Blog. She works closely with APTAC and many individual Procurement Technical Assistance Centers, providing educational content for a variety of government contractors. Maria is also a community partner at Govology, a legal content contributor to VetLikeMeTargetgov, and Onvia, and a faculty member at the Government Contracting Institute.

Reviews

JB
Janine B.

This was an excellent webinar, one of the best I have taken with Lawline. They were knowledgeable, focused and able to provide a lot of information in 60 minutes.

GT
gretal t.

Great presentation!

SW
Stacey W.

Nice presentation

JH
Jackie H.

Good coverage of distinctions between REAs and Claims plus Board of Contract Appeals versus COFC.

AB
Adria B.

well done!

JR
James R.

Presenters very knowledgeable about subject matter. Great overview.

DD
Davina D.

Informative

LE
Linda E.

EXCELLENT PRESENTERS. Bring them back.

AK
Afsaneh Lynne K.

This was a good refresher course.

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