Preparing and Defending Government Contract Claims

Bring any seminar or course directly to your staff through the Federal Publications’ In-House Presentations Program.

Learn More »

Name*

Email*

Area(s) of Interest* (Select at least one)

Accounting, Costs and Pricing

Construction Contracting

Government Contracting

Grants

International Contracting

Other (Optional):

Public

In-House

Overview

Agenda

Faculty

Accreditation

Travel Info

Print course information

An advanced course for government and industry representatives in the techniques of preparing, presenting and defending claims which arise out of federal government contracts.

Government Contract Claims encompasses two full days of intense instruction. Its approach is balanced: dealing with contractors' claims against the Federal Government and Government claims against contractors. Each side is shown how to recognize, prepare and present claims and how to defend claims made against it. The course is designed both (a) for lawyers and (b) for non-lawyers (administrators, engineers, accountants, technical personnel) who must be able to spot potential claims, be sure those claims are timely filed, and provide essential backup for them.

In addition, the course director will use a number of practical exercises in an interactive session with the class to show how claims problems occur and are best dealt with in a practical setting.

Dates and Locations

October 29-30, 2012

AMA Conference Center

Arlington, VA

$1025.00

Accreditation

CLE Hours

This Program is eligible for:

11 (60 minute)

13.2 (50 minute)

CPE Hours

This Program is eligible for:

13 (CPE) hours of credit

Program Level: Basic

Program Prerequisite: None

Advance Preparation: None

Method: Group-Live

CLP Hours

This Program is eligible for:

11 (CLP) hours of credit

Related Downloads

Registration Form for fax-in registrations (PDF)

Daily Schedule

9:00 AM - 4:00 PM

The Course Curriculum

Claims During Performance
1. Root Causes
2. Contract Requirements
  1. Analyzing them
  2. How much is called for
  3. Importance of biding documents
3. Contract Performance Strategy
  1. Technical performance risks
  2. Management risks
  3. Government agency problems
4. Early Claims Discovery
  1. Contracts administration function
  2. Engineering function
  3. Program management function
  4. Contract control function
  5. Overall management approaches
  6. Even vs. ex post facto approach
5. Managing Specific Claims
  1. Managing Specific Claims
  2. Interpretation disputes
  3. Defective specs vs. impossibility
  4. Over-inspection & testing
  5. Withholding information
  6. Rejection of work
  7. Late payments
  8. Delays/Disruptions
  9. Acceleration
  10. Terminations
  11. Breach of contract
Preparing Claims Narrative
1. When To Prepare
2. Business Relations Issues
3. Who Should Prepare
4. Investigation Procedures
5. Necessary Contents
6. Common Elements
7. Using Experts
8. Certification
9. Recovery Of Interest
10. Fraud, Waste & Abuse
Pricing The Claim
1. Total Cost
2. Modified Total Cost
3. Engineering Estimates-"Should Cost"
4. Jury Verdict
5. Using Outside Experts
6. Pitfalls
7. Fraud, Waste & Abuse Issues
Presenting Claims To Government
1. Timing
2. Dealing With Audits
  1. DCAA
  2. Technical
3. Contracting Officer's Role
4. Higher-Level Officials
5. Dealing With Congress
6. Negotiation Approaches
7. Freedom Of Information Act
Claims Litigation
1. Strategies
2. Dealing with Officials
3. Forum
4. Educating The Judge
5. Trial Attorneys
6. Settlement Negotiations Techniques
7. When To Settle
8. When To Litigate
Govt Claims Against Contractor
1. Strategies
2. Default Termination
3. Reprocurement Costs
4. Unsatisfied Contract Requirements
5. Liquidated Damages
6. Actual Govt. Incurred Damages
7. Consequential Damages
8. Fraud Claims
9. Overhead Problems
10. Cost Disallowance Procedures
Avoiding Contractor Claims
1. Documentation Approaches
2. Reverse Contracting
3. Requesting & Issuing Direction Letters
4. Forward Pricing
5. Not-To-Exceed Techniques
6. Releases
7. Contract Modification Techniques
8. Actions On Related Contracts
9. Final payments
Evaluating Contractor Claims
1. What to Analyze
2. Who to Assign
3. Common Weaknesses
4. Pricing Issues
5. Early Claim Defeat
After Claims Submittal
1. Dealing With Contractor
2. Who To Speak With
3. Senior Management Approaches
Negotiating With Contractor
1. Who Negotiates
2. When To Negotiate
3. Settlement Strategies
The Final Decision
1. Preparation
2. Timing
3. Contents
4. Details
5. Contractor Attacks
6. Contractor Defenses
Additional Govt. Considerations
1. Responsibility Of Contractor
2. Appealing Adverse Decisions
3. Board vs. Court

Course Director

Roy S. Mitchell of Washington, DC, is a Mediator, Arbitrator, and Neutral for JAMS' Global Construction Solutions, which provides expert mediation, arbitration and other ADR services to the global construction industry. Mr. Mitchell is the former National Chair, Public Contract Law Section of the American Bar Association and has extensive Government Contract experience representing agencies and contractors. A prolific author and seasoned lecturer who has taught nationally and internationally for more than 35 years, Mr. Mitchell has written over 300 articles and seminars on international and domestic construction contracts; construction contract administration; arbitration and mediation rules and techniques; negotiation; construction, government contracts, and engineering law, including Federal Publications' Preventing and Defending Claims. He has extensive international experience, having worked in 35 countries in his career, and serving as founder and partner of an international law firm. Mr. Mitchell was formerly a senior partner in a prominent Washington, D.C. law firm, Principal at the Center for Management Development and Training (CMDT), an international management training company in the Washington, DC area and President & COE, Construction Claims Group, Hill International, Inc. where he specialized in construction contract matters.

Accreditation

CLE Hours

This Program is eligible for:

11 (60 minute)

13.2 (50 minute)

CPE Hours

This Program is eligible for:

13 (CPE) hours of credit

Program Level: Basic

Program Prerequisite: None

Advance Preparation: None

Method: Group-Live