Recovering What You’re Owed Without the Additional Stress, Time, and Cost

As anyone who has been in the industry long enough can tell you, Government contracts rarely go exactly as planned. When changes to the work are directed, or even when they occur naturally, the contractor typically incurs the initial costs. Requests for reimbursement must then be made, but many contractors miss aspects of recoverable costs when requesting reimbursement, leaving real money lying on the table.

Benson Contract Law provides specialized consulting services for precisely such situations, assisting contractors in gathering relevant project data and identifying and maximizing all recoverable costs stemming from both direct impacts on the project and often-overlooked ripple effects of the change. Benson Contract Law then drafts fully supported, detailed submissions on behalf of our clients, tailor-made for a Contracting Officer’s quick, painless approval.

Our extensive experience in preparing, submitting, and negotiating REAs and Change Order requests allows Benson Contract Law to skillfully navigate the often treacherous process of negotiating with the Government. Our consultants know the ins and outs of government contracting rules, regulations, and rights at the federal, state, and even local levels, and we are prepared to ensure our clients utilize all rights and remedies available to them to ensure they are made whole for changes to their contract work.

Consulting Fees are a Recoverable Cost!

As an added bonus, consulting costs incurred by a contractor in pursuit of administrative remedies to contract problems (including preparing and submitting REA and Change Order request packages) are themselves recoverable costs, and are requested for reimbursement right alongside the costs associated with the changed work.

This means that if you have a problem that requires an REA or Change Order request submission, Benson Contract Law can prepare a submission on your behalf, utilizing our extensive knowledge of the government contracting industry and its seemingly endless rules and regulations, and the costs associated with the effort can be fully recovered as part of the submission. Or… you can prepare the submission yourself, experiencing all of the stress, additional work, and uncertainty that comes with the process. The choice is certainly yours, but if the first option sounds better to you, schedule a free consultation call with Benson Contract Law today!

When Additional Costs are Incurred for Out-of-Scope or Additional Work

Contract changes and scope creep usually evolve, not explode, and many contractors miss the early warning signs, narrowing their options for recovery down the road.

REAs may focus on a single issue, or they can be constructed to address cumulative impacts during contract performance. Common, recoverable causes for out-of-scope impacts to prime contractors and subcontractors include: 

• • Defective specifications, drawings, or technical data packages
  • Ambiguous or conflicting contract terms and conditions
  • Late issuance of NTP
  • Differing Site Conditions
  • Suspension of Work or Stop Work orders
  • Overzealous inspections from Government staff
  • Contracting Officer’s direction to perform out-of-scope work
  • Government interference with the Contractor’s performance and schedule
  • Delays that push the contract schedule into unplanned and/or seasonal bad weather 
  • Loss of productivity due to delays or unplanned events
  • Delays to the schedule’s critical path

Handled correctly, most REAs are resolved before formal claims or litigation are needed. Handled poorly, they become expensive and disruptive, and can drag on for months or even years. Benson Contract Law is ready to discuss and assist with your specific issue TODAY!

Benson Contract Law Solutions

The REA and Change Oreder request packages prepared and submitted by Benson Contract Law are customized and tailored to each individual contractor’s situation. We meet with our clients to specifically discuss general strategy for the submission, intentionally noting client desires concerning a range of potential business impacts, both long and short term, including:

• • Necessity of immediate payment (project/business solvency issues)
  • Appetite for confrontation (firm and demanding tone or simply cordial and confident)
  • Desire to work further with the Government agency in the future

Customized Submission Components

Benson Contract Law’s submissions incorporate the wide range of our in-house capabilities and experience. Our packages contain:

• • Clear and understandable descriptions of the issues at hand
  • Recitations of the specific timeline of events that led to the current situation
  • Supported assertions of the contractor’s rights to recovery
  • Citations to applicable procurement regulations, laws, and court case precedents

Benson Contract Law also produces technical graphics and data analyses in conjunction with these packages, all intended to supplement and strengthen the positions asserted within.

Capabilities include:

• • Rapid document analysis and incorporation
  • Timeline and technical graphic production
  • Schedule analyses (Primavera P6, Microsoft Project, etc.)
  • Time Impact Analysis and submission

All of these capabilities, combined with years of experience in preparing and submitting these types of packages, as well as extensive knowledge of the intricacies of the Government contracting world, are available to clients through Benson Contract Law. If you’d like to discuss your specific situation and the challenges you are facing, we are more than happy to arrange a consultation call, free of charge. Click the link below to get in touch and get started on the road to recovery TODAY!