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Government contracts

Paid less, changed more, delayed anyway

Every federal contractor eventually eats a change order the government won't paper or a delay it won't own. The Contract Disputes Act is the sequence that turns those into recoverable claims — if each step is taken in form.

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The sequence

  1. The REA — the request for equitable adjustment: the negotiation document, costed and supported, where most disputes settle without becoming disputes.
  2. The claim — a written demand for a sum certain as a matter of right; over the statutory threshold it must be certified, and the certification is signed with personal accountability. Interest starts running at submission.
  3. The contracting officer's final decision — issued on a statutory schedule; silence past it is a deemed denial you can appeal from.
  4. The election: agency board of contract appeals or the Court of Federal Claims — different speeds, costs, and benches; one choice, binding.

Where claims are won and lost

Contemporaneous records: the daily reports, the emails directing the change, the cost segregation kept from the first disrupted week. Claims assembled from memory a year later negotiate poorly and try worse. The best claims work starts while the problem is still happening — which is also when notice clauses with their own short fuses get satisfied or blown.

Questions people actually ask

What's the practical difference between an REA and a claim?

Posture and consequences: the REA invites negotiation; the claim starts interest, triggers decision deadlines, and hardens positions. Sequencing them is strategy, not paperwork.

The CO just ignores our claim. How long is too long?

The CDA sets decision timelines, and silence past them becomes a deemed denial — appealable immediately. Stalling loses its power the day you treat the silence as the decision it legally is.

Is certifying a claim risky?

False certifications carry real exposure, which is the point — certified claims are built on support, not hope. Done right, certification is what makes the government take the number seriously.