Can Federal Contract CDA Claims be Brought by Subcontractors?

Can a subcontractor submit federal claims? - Nextgov/FCW

According to the CDA, "All claims by a contractor against the government relating to a contract shall be in writing and shall be submitted to ...

ASBCA Allows Subcontractors' Pandemic-Related Claims to Move ...

On behalf of its subcontractors, the prime contractor submitted certified claims seeking equitable adjustments to the contract and for breach of ...

Essential Elements of CDA Claims – Tips and Latest Trends

Contractors must demonstrate the government-caused impact and document how it increased the time and/or cost of performance. Once the ...

CBCA Expands its Approval of Subcontractors' “Sponsored” Claims

Typically, a subcontractor cannot appeal a Contract Disputes Act (“CDA ... subcontractor lacks privity of contract with the government.

Miller Act Claims and Dispute Resolution Procedures - Cohen Seglias

The problem is that an arbitration clause in the subcontract does not apply to claims against the federal government. In fact, the only way to recover funds ...

CBCA Takes Pragmatic View When Finding Jurisdiction Over A ...

Consistent with the CDA, a subcontractor generally may only prosecute an appeal against the government if its appeal is “sponsored” by a ...

Prime Contractor Can Sponsor Subcontractor's Claim to Government

“A prime contract frequently permits its subcontractor to prosecute claims in the prime contractor's name if it is perceived that the ...

Federal Contract Claims Insights – Achieving Privity of ... - LinkedIn

Subcontractors under US federal contracts cannot generally sue the government directly as they lack privity of contract with the government.

Contractor Claim Fundamentals: Part 1 - Basics & Pitfalls Under the ...

This does not mean that subcontractors are without a remedy, however. A prime contractor may certify a subcontractor's claim, thus acting as a “ ...

On the Effective Use of Liquidating Agreements

Contractors utilize a number of mechanisms to protect themselves against subcontractor claims and shift risk to subcontractors for Government ...

Legal Protections for Subcontractors on Federal Prime Contracts

Relatedly, because there is no privity of contract between the government and the subcontractor, the subcontractor generally cannot sue to ...

Privity of Contract - Government Contracting - Cohen Seglias

Subcontractors, however, generally do not have the right to seek and collect contract damages from the government pursuant to the CDA.

US Court of Federal Claims Clarifies the Statute of Limitations for ...

Unlike the FCA, the CDA does not provide for flat monetary penalties per offense; rather, the contractor's liability is directly proportionate ...

Subcontractor Certification of Pass-Through Claim - BuildSmart

In its motion to dismiss, the government argued that under the CDA, only the prime contractor could certify the claim and that the absence of ...

Contractor's Rights in Govt Contract Disputes - Executive Counsel

This CDA process applies to all disputes arising under or relating to a government contract. ... subcontract agreement where a subcontractor can ...

Subcontractor Barred from Appealing Federal Government Decision ...

Subcontractor is not permitted under the Contracts Disputes Act (CDA) to bring an action against the federal government where the prime ...

Beware the False Claims Act - Federal Construction Contracting Blog

By: Edward T. DeLisle Pursuant to the Contract Disputes Act of 1978 (CDA), every claim on a federal construction project that is in excess ...

Negotiating A Federal Subcontract? 3 Things To Ask Your Lawyer

Speaking of pass-through claims, that is another big-ticket item that you will want to address in your subcontract. Because subcontractors do not have privity ...

Contract Disputes Act Forum Selection - Ward & Berry

The contractor has two options: (1) file suit in the United States Court of Federal Claims (COFC); or (2) appeal to the appropriate agency's board of contract ...

Protection of Contractor Rights | Federal Construction Contracting Blog

However, when the owner is the federal government, a subcontractor has no lien rights. Instead, the subcontractor must pursue its claims via the Miller Act. For ...