Government Contracts, REAs, and Claims: Excusable Delays/Cardinal Change vs Force Majeure
Pernix Serka Joint Venture v. Dept of State, a case study
This program has been cancelled
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will examine the recent finding of the Civilian Board of Contract Appeals (CBCA) in Pernix Serka Joint Venture v. Department of State. The expert panel will address if and when a government contractor can successfully recover additional costs incurred as a result of unforeseen circumstances, such as an epidemic or quarantine restrictions. Additionally, the panel will discuss the concepts of cardinal and constructive changes and will provide practical advice on how to negotiate these issues before contract formation and during performance to improve the success of claims to recover the additional costs.
- Pernix Serka Joint Venture v. Department of State
- FAR 52.249-10
- Conditional/constructive change
- Best practices for negotiations
The panel will review these and other issues:
- What were the findings in CBCA Pernix Serka Joint Venture v. Department of State?
- Does the ability to seek monetary damages change if the contract is not fixed price?
- What is necessary to establish a cardinal change based on government action (or inaction)?
- How can a contractor negotiate upfront to ensure collection of additional costs in the event of acts of God?
Barbara A. Duncombe
Taft Stettinius & Hollister
Ms. Duncombe is an attorney who advises regional and national businesses on the legal and compliance issues that arise... | Read More
Ms. Duncombe is an attorney who advises regional and national businesses on the legal and compliance issues that arise when doing business with the government. For over 25 years, she has worked with general counsel, business decision makers, prime contractors, subcontractors, and public buyers on a variety of public contracts issues. Ms. Duncombe’s collegial, hands-on approach with clients has established her as a go-to resource for help with resolving public contract formation, administration, performance, payment, and dispute resolution issues.Close
Sean A. Graves
Taft Stettinius & Hollister
Applying seven years of United States Air Force contracting experience to his practice, Mr. Graves advises clients on... | Read More
Applying seven years of United States Air Force contracting experience to his practice, Mr. Graves advises clients on matters relating to bid protests, fiscal law, requests for equitable adjustment, disputes concerning contract performance, foreign military sales, small business size challenges, contract terminations and other public procurement regulatory and compliance issues.Close
Mr. Mattox's practice spans the breadth of federal procurement law, from dispute resolution to transactional... | Read More
Mr. Mattox's practice spans the breadth of federal procurement law, from dispute resolution to transactional matters. He has worked on matters before SBA’s Office of Hearing and Appeals, the Government Accountability Office, the Armed Services Board of Contract Appeals, and the Civilian Board of Contract Appeals. In addition, he has assisted clients with, among other things, joint venture agreements, teaming agreements, mentor-protégé agreements, and subcontracts.Close