Читать книгу Fundamentals of Construction Claims - William J. McConnell - Страница 27

The US Federal Government procures and administers construction contracts according to the Federal Acquisition Regulation (FAR). FAR Regulation Part 33, Subpart 33.2, “Disputes and Appeals,” outlines the dispute resolution procedures for federal construction contracts. Section 33.202, “Disputes” notes that 41 U.S.C. chapter 71, “Disputes,” establishes procedures and requirements for asserting and resolving claims.

 A contractor shall submit claims against the Federal Government to the contracting officer for a decision. For claims of more than $100,000, the contractor shall certify that the claim is made in good faith, the supporting data are accurate and complete to the best of the contractor's knowledge and belief, the amount requested accurately reflects the contract adjustment for which the contractor believes the Federal Government is liable, and the certifier is authorized to certify the claim on behalf of the contractor.

 The contracting officer shall issue a decision in writing to the contractor. For claims less than $100,000, the contracting officer shall issue a decision within 60 days. For claims over $100,000, the contracting officer shall issue a decision within 60 days or notify the contractor when the decision will be issued.

 A contractor can appeal a contracting officer's decision to an Agency Board⁴ within 90 days of receipt of the decision or bring an action on the claim in the US Court of Federal Claims within 12 months of receipt of the decision.

 A contractor may appeal Agency Board or US Court of Federal Claims decisions to the US Court of Appeals for the Federal Circuit within 120 days from the date the contractor receives a copy of the decision.