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Disputes, Requests for Equitable Adjustment, and Claims

Requests for Equitable Adjustment and Claims

Drafting a Request for Equitable Adjustment (REAs) or a claim requires legal expertise, strategic thinking, and thorough documentation. I navigate this process through several key stages to ensure the REA or claim is compelling and well-supported.

1. Initial Consultation and Fact-Finding

    • I meet with client personnel to thoroughly understand the circumstances underlying the REA or claim and the nature of the issue (e.g., scope changes, change orders, differing site conditions, delays, and disruptions).
    • We work together to gather all relevant documentation (e.g., the contract, modifications, correspondence, progress reports, emails, meeting notes, schedules, invoices, and technical data).

2. Factual and Legal Analysis

    • I review and analyze the contract terms and conditions to pinpoint relevant provisions and clauses related to changes, adjustments, and claims, assessing the basis for the REA or claim within the contract provisions.
    • I perform necessary legal research of case law and regulatory authority to understand the legal framework related to your issue.
    • Evaluating entitlement and quantum is also crucial at this stage. I evaluate potential grounds for entitlement to an adjustment or compensation and perform a detailed analysis regarding costs incurred, delays, and other impacts.

3. Preparation of the REA or Claim

    • I draft a detailed narrative explaining the bases for the REA or claim, including a clear statement of facts, referencing specific contract clauses and supporting documentation.
    • Based on the careful calculation of the requested adjustment, I include a discussion of cost impacts, including direct costs (e.g., labor, materials, subcontractors) and indirect costs (e.g., overhead, equipment usage), if appropriate.
    • The REA or claim will be supported with a comprehensive set of documents, including cost records and other pertinent materials.

4. Submission and Negotiation

    • I conduct a final review to ensure accuracy, completeness, and compliance with regulatory requirements before formally submitting the REA or claim to the contracting officer or appropriate authority.
    • When negotiating an REA or claim, I work with the client to seek a resolution that meets the client's needs.

5. Follow-Up and Potential Dispute Resolution

    • I address any feedback or requests for additional information from the contracting officer, revising the REA or claim as necessary.
    • If an REA is unsuccessful, we consider further dispute resolution efforts through the claims process.
    • If a claim is denied or not satisfactorily resolved, we will be prepared to file an appeal under the Contract Disputes Act to the appropriate board or office of hearings and appeals.

Key Considerations

  • Attention to Detail: I help ensure accuracy and thoroughness, substantiating all figures with clear and comprehensive documentation to maintain the credibility of the REA or claim.
  • Clear Communication: The REA or claim will be clearly written, logically organized, and free of technical jargon to ensure the contracting officer easily understands the issues.
  • Strategic Positioning: I strive to maintain a positive working relationship with the government personnel, responding to inquiries and proactively addressing potential concerns or objections.

By following this process, an REA or claim will be well-prepared, effectively presented, and positioned for a favorable resolution.

Pannier Law is here to help

Pannier Law is dedicated to helping companies that do business with the government by providing timely, affordable government contract legal services.

William Pannier is a California attorney practicing in the areas of federal, state, and local government contracts. He assists contractors of all sizes, in various industries, across a broad range of issues.

William Pannier, Esq.

(310) 971-5093