Government Contract Termination for Convenience & Termination Default Lawyers

Government Contract Termination Attorneys Promptly Handling Complex Termination Actions

Call Our Contract Termination Experts Today And Protect Your Rights – 1(866) 601-5518

Primary Government Contract Termination Attorney – Celeste Gamache; Alternate Peter Ford

Termination for Convenience and Termination for Default

If the federal government gives you a termination notice, you want to be careful how you proceed. Depending on the circumstance, this termination of contract notice can be treated differently. The contracting officer will either instruct you to cease performance in part or totally. Research shows the contractors often make serious mistakes during the termination of contract phase. Therefore, having a government contract termination attorney can be most valuable.

Theodore Watson & Associates, LLC provides critical advice and legal representation to large DOD contractors and small businesses faced with contractor termination dilemmas. Some of our experts have actually worked for federal contracting agencies and have first-hand experience in handling these disputes.

We will help you to carefully assess applicable damages, ensure that the agency has not actually breached the government and negotiate on your behalf. A summary of our services include:

Assessing the validity of the termination
Corresponding with the agency on your behalf
Preparing settlement proposals
Litigation
Appeals
Breach of contract allegations
Assessment of damages
Novations
Suspension and debarment

Avoid Common Pitfalls in Termination Actions

When there is a termination for convenience, contractors sometimes have a hard time calculating damages, complying with the embedded contract clauses and even following the agency directions. As government contractlaw attorneys and advisors, we commonly find that contractors innocently fall into the following traps:

Don’t believe that everything the government tells you is in your best interest. In fact, the government has no legal duty to protect your interest whatsoever. It is solely up to the party being terminated to protect its own rights. This is where our termination contract lawyers can help.

You must document all problems early. This is common in a termination for default. This pitfall puts the government at an advantage on the issue of damages. If you have not documentation or valid defense, you may be subject to excessive liability.

Consult a government contract law attorney before it’s too late. This can be substantially damaging both in litigation or appeals. Contractors often make damaging admissions in e-mails or other communication to the agency. This can come back to haunt you if litigation or appeals come to fruition. From the onset of a potential problem on a federal contract, you must always consult with an experienced government contract attorney. He or she may be able to preserve your rights early in the process.

Types of Terminations

There are generally two types of government contract terminations – termination for convenience and termination for default.

Termination for Convenience

Government contracting agencies typically include termination clauses (FAR) within the contract. The government can exercise its rights under a termination for convenience when:

Funds are no longer available
If the project or service is no longer required
Mission changes
There is no fault of the contractor

The contractor termination lawyers at Theodore Watson & Associates understand the nuances of handling termination for convenience cases. In fact, there are situations where the government improperly used a termination for convenience method to simply announce solicitations again. Our government contract termination attorneys will scrutinize the agency’s actions to ensure that your rights are protected. We will also:

Act on your behalf to the agency
Implement settlement negotiations
Ensure the proper termination of contract vehicle is used
Ensure that the agency has not acted unlawfully
File appeals on your behalf if warranted

You May be Entitled to Damages that Can Include:

Anticipatory (loss) profits
Cost incurred
Cost for any reasonable efforts put for in preparation for future work

If you are faced with a termination for convenience, contact our law firm immediately or call us at 1-866-601-5518.

Termination for Default

If you are served with a termination notice that alleges termination for default, this is a more serious matter. Theodore Watson & Associate’ attorneys have effectively resolved wrongful termination matters and will also implement litigation on your behalf. When the government implements a termination for default, it is typically because:

The contractor has failed to comply with the terms and conditions of the contract
Subcontractors have not performed
Failure to meet required deadlines despite agency efforts

In fact a ‘termination for Default” is often referred to as the ‘contractual death sentence.’ The government sometimes falls short of the high standard imposed when terminating a contract for default. Therefore, you should seek the help of our lawyers immediately because such failure by the government provides the grounds for appeals.

The effect of this level of termination can be very serious to include:

Preclusion from performing future federal contracts
Liability to the government for re-procurement or contractor replacement
Serious financial loss to your company
If fraud is involved, you may have to return all profits to the government

Bad Faith Terminations

If you believe that the government has issued a termination for default in bad faith, contact the contract termination attorneys at Watson & Associates, LLC immediately. Although it is rare, the government can be responsible for a bad faith termination for default.

Our government contract termination lawyers will help you by:

Defending allegations of default
Asserting legal defenses on your behalf
Negotiating possible reinstatement
Filing appeals
Promptly bringing closure to the dispute

Other Government Contract Services

In addition to handling your termination contract litigation and negotiations, our attorneys also provide a wide array of federal procurement support for your convenience including:

Nationwide Assistance

Our federal government contract termination and claims attorneys can assist contractors in Colorado, Wyoming, New Mexico, Kansas, Nebraska, New York, Los Angeles, San Francisco, Chicago, Illinois, Michigan, Pennsylvania, Virginia, North Carolina, South Carolina, Arkansas, Denver, Colorado Springs, Utah, California, Oklahoma, Ohio, Maine, Florida, Texas, Nevada, Las Vegas, Georgia, Hawaii, Alaska, Washington D.C., West Virginia, Florida, Indiana, Washington, Mississippi, Tennessee, Miami, Virgin Islands, Rhode Island, Vermont, Wisconsin, Minnesota, Missouri, Delaware, Connecticut, Arizona, New Hampshire, Massachusetts, and Montana.

Contact us Today to Protect Your Rights

If you are a prime contractor, subcontractor or construction surety facing a termination for default or termination for convenience, contact our attorneys online or call us at 720.941.7200 or Toll Free at 1.866.601.5518.

We resolve federal contract termination disputes in Colorado, Wyoming, New Mexico, Kansas, Nebraska, New York, Los Angeles, San Francisco, Chicago, Illinois, Michigan, Pennsylvania, Virginia, North Carolina, South Carolina, Arkansas, Denver, Colorado Springs, Utah, California, Oklahoma, Ohio, Maine, Florida, Texas, Nevada, Las Vegas, Georgia, Hawaii, Alaska, Washington D.C., West Virginia, Florida, Indiana, Washington, Mississippi, Tennessee, Miami, Virgin Islands, Rhode Island, Vermont, Wisconsin, Minnesota, Missouri, Delaware, Connecticut, Arizona, New Hampshire, Massachusetts, and Montana.

Online Resources

Federal Acquisition Regulations Small Business Administration Federal Opportunities Office of Federal Procurement Policy Office of Federal Procurement Compliance Programs Our Government Consulting Services Department of Agriculture Resources for Small Businesses Armed Services Board of Appeals GAO U.S. Supreme Court