A different kind of counterparty
Federal contracts are governed by a statute and regulations that channel most disputes through a formal claim to the contracting officer before anything else happens. The contracting officer's final decision can then be challenged before a board of contract appeals or the Court of Federal Claims, and both the choice of forum and the time to make it are limited. The standard disputes clause usually requires you to keep performing while the disagreement is pending, which surprises contractors used to stopping work when they are not paid. State and city contracts in New York carry their own procedures: contract claims against the State often go to the Court of Claims, while New York City contracts typically set out an internal dispute process before any court. Bid protests over how a contract was awarded follow separate tracks altogether.
Building a claim the agency must answer
A government claim is usually only as strong as the contract file behind it. Gather the contract, every modification, the solicitation and your proposal, correspondence with the contracting officer and other agency staff, and records showing the cost and schedule effect of what happened. Directions from people without authority to change the contract are a recurring problem, since the government is often not bound by them, so it matters who directed the work and whether anything was confirmed in writing. Federal claims above a certain amount must be certified, and a defective certification can delay the process. Avoid overstating costs, because inflated claims against the government can create fraud exposure of their own.
Early choices that shape the outcome
Decisions made at the start often matter more than later arguments. We review the contract's disputes and notice clauses, any termination language, and where the matter stands procedurally, and then identify which deadlines are already running. Some disputes are better handled through a request for equitable adjustment or a negotiated modification before a formal claim, while others need a claim promptly to start interest and preserve rights. Subcontractors are in a different position, because they usually have no direct claim against the government and must proceed through the prime contractor. We talk through these options with you and how each fits your ongoing relationship with the agency.
