This is the fifth of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to recover damages due to changes, delays, inefficiencies, and other government-caused issues – a particularly important point for contractors seeking to maintain positive cashflow while facing the prospect of an economic slowdown or recession.

The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can assert CDA Claims for additional time and costs (or Requests for Equitable Adjustments) under a variety of remedy granting contract clauses.

But there are certain types of controversies between contractors and the government that are not subject to CDA jurisdiction. Today, we’ll examine a few key jurisdictional issues that contractors should be aware of when disputes with the government arise.

Independent Torts (or Non-Contract Claims)

CDA jurisdiction arises out of legislation called the Tucker Act and is limited to “any claim against the United States founded . . . upon any express or implied contract with the United States . . . in cases not sounding in tort.”

That means Court of Federal Claims (COFC) and Boards of Contract Appeals lack jurisdiction to adjudicate tort claims (such as misrepresentation and...

Read Full Story: https://news.google.com/__i/rss/rd/articles/CBMiUWh0dHBzOi8vd3d3Lmpkc3VwcmEuY...