Practice/Industry Group Overview
Public contracting is a complex area of law involving government and construction contracts. Our attorneys have years of experience with the federal, state and local agencies and related regulations and procedures. Our clients rely on our strong subject matter knowledge to insure that the government and construction contracting entities adhere to these rules, procedures and public policy from the bidding process through award and performance and the disputes process.
National Real Estate, Foreclosure, Premises Liability Practice
In recent years the failing home and commercial mortgage markets have created a new emphasis on federal agency intervention such as The Federal Deposit Insurance Corporation and The Department of Housing and Urban Development. For the past five years, our government contracts team has represented national "asset management" contractors for FDIC and HUD providing legal support in foreclosures, evictions, bulk sales and auctions, real estate closings nationwide and premises liability actions. Our team also represents lenders and has encountered and provided resolution to all aspects of the failed banking and real estate industry.
Contract Awards & Bid Protests
Today, the federal government is contracting with private entities to perform more of its work than ever before. To be competitive, businesses must understand the proposal process to put together winning proposals. Sometimes in that process it may be necessary to protest awards made to their competitors and defend protests by them against awards to our clients. We know how to communicate with federal, state and local government agencies to enhance a company’s competitive position as solicitations are being drafted. We advise clients during the proposal preparation process to ensure that they submit responsive and compliant proposals. We help clients evaluate whether a protest challenging an award to a competitor is a good strategy that will achieve the desired outcome, and whether it will be cost effective for the organization.
Audits, Compliance & Investigations
Doing business with the government requires strict compliance with a complicated web of ever changing laws and regulations. Establishing effective compliance and training programs is the first line of defense. Properly responding to audits and government inquiries requires experienced government contract counsel that knows how to prevent contract disputes from becoming the subject of criminal or civil investigations. We have worked closely with the Defense Contract Audit Agency and Inspectors General to promptly resolve audits and investigations so that our clients can get back to business.
Contract Claims & Disputes
Claims and disputes that arise in the performance of federal government contracts generally must be resolved under an intricate procedural scheme established by Congress and set forth in the contract Disputes Act of 1978 (CDA). Disputes arising under state and local government contracts often must be remedied under similar procedures, sometimes with appeals to special administrative forums as well.
With years of experience in navigating the intricacies of the CDA "claims" process, we have when necessary, taken the fight to the Court of Federal Claims, the applicable Board of Contract Appeals or other applicable forums as the situation dictates.
Government contractors face issues in the performance of their contracts wholly unlike those faced by commercial contractors. Such issues may relate to the socioeconomic objectives imposed by the government, specific labor and employment requirements, complex and archaic appropriations and funding rules, and special conflict of interest requirements, just to name a few. Potential pitfalls also exist relating to subcontracting and teaming agreements. In addition, unilateral or bilateral changes in the scope of government contracts can distract — and subtract — from a contractor's bottom line. We have experience in all of the areas.
Contract Pricing and Accounting
Congressionally imposed contract pricing and accounting requirements mean that businesses that perform work under federal government contracts must deal with a bewildering array of issues. These issues include the requirement to provide certified cost and pricing data when negotiating contract prices and changes, the question of whether contractor costs for reimbursement are allowed under the Cost Principles, and the application of complex rules for allocation of costs under the Cost Accounting Standards. We advise government and industry clients on contract cost issues that surround the formation, performance and termination of government contracts. Drawing on our years of experience in government, industry and private law firm practice, we resolve disputes through negotiation and, where necessary, litigation.
Our team has a comprehensive understanding of the legalities that rule the construction industry. Our seasoned construction law attorneys work closely with owners, developers, design professionals, contractors, subcontractors and suppliers in all aspects of public and private construction. By staying involved in our clients' business matters, we help them quickly and cost-effectively resolve disputes from construction-related agreements. Those in the construction industry must often draft, negotiate and administer construction contracts, using their own contracts or documents from the American Institute of Architects (AIA), Design/Build Institute of America (DBIA), Associated General Contractors of America (AGC), Engineers Joint Contract Documents Committee (EJDC) and the Construction Owners Association of America (COAA). We have the experienced resources to guide these clients through the process.