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A User's Guide to Contract Disputes Act Claim Preparation: Tips and Tactics
The Contract Disputes Act (CDA) is a virtual minefield for a would-be plaintiff seeking additional compensation or other non-monetary relief from the federal government related to a government contract. Not only do jurisdictional prerequisites create a number of hurdles that contractors must surmount in order to pursue litigation against the federal government before the U.S. Court of Federal Claims (COFC) or a board of contract appeals (BCA), but satisfying those prerequisites in a strategic manner is essential not only to repelling the government’s virtually inevitable motion to dismiss, but also to avoiding, at least in the COFC, a government counterclaim. In that regard, this article explores the CDA claims process and suggests valuable tactics for CDA claim preparation.

Features

New SBA Regulation Would Encourage Venture Capital Investment in SBIR Grant Applicants ... Or Would It?
The U.S. Small Business Administration's recent proposed ruling that would allow small businesses to be eligible for SBIR grants even when they have granted substantial ownership interests to venture capital firms, but will capital firms still be willing to offer, or will small businesses be willing to accept federal grants?
Going From $0 to $232 Million With No Evidence of Harm: DOJ’s New Damages Theory in FCA Fraudulent Inducement Cases, And How to Fight Back
A look into the recent DOJ argument that every payment made under a fraudulently induced agreement constitutes actual damages, even when the government has not lost any money as a result.
Preparing for a Rise in Government Investigations
What to expect and how to deal with impending terminations of government contracts.
The USMI Decision: Putting Government Contractor Trade Secrets at Risk
The Fifth Circuit’s majority panel ruling in USMI may severely undermine a contractor's ability to protect trade secrets from government misappropriation.
A Most Unusual Alliance: Indian Tribes and Military Contractors Vindicate First Principles in the Ramah Litigation
A look into the alliance between military contractors and Indian tribes through Ramah litigation.
Driven to Team: A Brief Look into Joint Ventures in Pursuit of Government Contracts
What is a Joint Venture? How Courts and Rules/Regulations Have Defined Joint Ventures.
Do Extraterritorial RICO Claims Still Exist in a Post-Morrison World?
Which case is most closely aligned with the U.S. Supreme Court's reasoning behind the Federal RICO Statue? The "enterprise" approach or the "predicate acts" approach?