Public works contracts often mandate certification of sizable claims for accuracy and completeness. The federal Contract Disputes Act originated this requirement and it has been replicated by many state and local jurisdictions. Failure to certify can be fatal to a claim, as the requirement is frequently jurisdictional.
On a recent federal project, the contractor asserted claims for delay and retainage. The government terminated the contract for default. The contractor appealed, now claiming that defective government specifications were impossible to perform. None of the claims were certified.
It was ruled that when a contractor, challenging a default termination, asserts monetary claims against the government, the claims must be certified in accordance with the Contract Disputes Act. But if separate claims do not exceed the $100,000 statutory threshold, no certification is required.
The other case in this issue considers the remedies available to a low responsive bidder when a public works contract is improperly awarded to a nonresponsive bidder.
New Library Additions
Attention Construction Claims Advisor subscribers. This week we have added two of our more popular webinars from 2017 to the Construction Claims Library. Both webinars are now available as a download for your use:
- Practical Construction Law for Architects, Engineers and Construction Managers
- Small Unmanned Aerial Systems: Keep Your Drones from Going Rogue