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Protect Your Rights During a Contract Termination
If you have received a termination letter from the Contracting Officer on a federal project, you might be facing serious claims from the government. The government can institute a termination for default or termination for convenience. Either way, you should seek the representation of an experience government contract attorney to assist you in protecting your rights.
The government contract attorneys at Theodore Watson & Associates, LLC help contractors across the county to exercise and protect any rights that stem from termination of federal contracts. Oftentimes, contractors do not know their rights. Such rights may include:
· Recovery for profit
· Profit for work done
· Incurred costs
· Cost for any reasonable efforts put forth in preparation for future work
Our Services
At Theodore Watson & Associates, our federal contract lawyers represent small, medium and large businesses across the country solve complex issues that arise under a government contract termination. We represent clients in various types of contracts including:
· GSA contracts
· Federal construction contracts
· Environmental
· Landscaping and Grounds Maintenance
· IDIQ
· Service contracts
Watson offers a wide array of focused government contracting services that include:
· Procurement fraud
· Central Contractor Registration
· Suspension and debarment
· Subcontracting matters
· Government procurement training
· RFP and solicitation assistance
· Bid protests
· Marketing to the federal government
· Claims
Termination for Convenience
The government has the right to termination a contract for convenience or for termination if it is in its best interest or in certain other circumstances. See termination clause FAR 49.101. However, it depends on the type of contract to consult the appropriate FAR clause.
When you retain a government contract law attorney, you will consult on facts of your case; the reasons stated by the government for termination and discuss any profits associated with your project.
Note that the government is not there to help you maximize your damages. Instead it is their job to pursue the termination for convenience for as little money as possible. Therefore, you can count of the government contract lawyers at Theodore Watson & Associates, LLC to swiftly represent you in any termination for convenience situation. We also analyze your case under the “Christian Doctrine” if you are a subcontractor. See G.L. Christian & Assocs. v. United States.
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.
What should you do if you receive a contract termination letter?
If you receive a contract termination letter for a federal project you should:
· Stop work immediately (unless the contracting officer expressly tells you to continue)
· If there are parts of the contract that are terminated, then you must continue to work on those parts
· Contact an experienced government contract lawyer that understands terminations for convenience
· Settle all claims with your subcontractor
· Have your attorney quickly commence settlement proceedings
Valid reasons for a termination for convenience action include:
· The agency requirements for services or products cease or change
· Mission changes
· Lack of funding
Termination Convenience Clause: Allows the government to avoid anticipatory profit
When the government requirements change, the Termination for Convenience Clause under FAR 52 allows the government to escape liability or cost for anticipatory profit. However, as government contract attorneys, our first inquiry is typically whether the contracting officer has correctly terminated the contract for convenience. Common Indicators include:
· A termination that results in the re-announcement of the requirement of fbo.gov
· A termination simply because the government has undocumented ‘problems’ with a contractor
As your attorneys, we will advise you on the pertinent termination clauses.
Termination for Default
The government contract termination for default attorneys at Theodore Watson & Associates, LLC represent federal contractors with allegations that they have failed to comply with terms and conditions of the contract. This is a tough situation to be in. Therefore, you should seek legal counsel immediately. The effect 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
If your contract is facing a possible termination for default or has received a contract termination letter for other reasons, Watson’s federal contract law firm can help you to:
· Protect your rights
· Help with possible negotiations for reinstatement or settle the dispute
· Assist you with contract novations
The Termination Process Still Allows you to Solve the Problem
Before there is an actual contract termination, the government will generally send you notice of any deficiencies. A notice to cure such deficiencies will more than likely be the result. This is probably the best time to contact one of our termination for default lawyers.
Possible solutions for a termination for default include:
· Appeal the decision
· Negotiate a default into a termination for convenience
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. A recent termination for default case in February 2009 shows the result.
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
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
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