Customize your search below

You can select the filters you wish to use below and/or conduct a keyword search in the box above.

Search Results

Board of Contract Appeals or Court of Federal Claims: What Type of Claim Do You Have?

By James Zack

The purpose of this research report is to continue to compare and contrast the decisions of Boards of Contract Appeals and the U.S. Court of Federal Claims relative to the outcome of construction disputes.  The objective of this research is to provide further information that may be helpful in the decision-making process when choosing to appeal a Contracting Officer’s final adverse decision to one of the Boards of Contract Appeals or to the Court of Federal Claims.  In the previous two research reports, the Navigant Construction Forum™ had identified and gathered some 2,172 construction-related cases.  For this study, we have divided the cases into four distinct claim categories for further analysis: changes, differing site conditions, terminations, and delay.

Perspectives

Board of Contract Appeals or Federal Court of Claims: The Contractor’s Irrevocable Choice

It has been generally accepted that the Boards have more specialized knowledge and familiarity with construction issues and disputes than the CFC. Many attorneys have expressed the opinion that issues such as schedule delay, constructive changes, differing site conditions, constructive suspensions of work, and the like are decided more predictably in the Board forum. While some attorneys have commented that disputes before the Boards are less expensive and faster, others cite the Board’s tendency to grant more discovery requests and their failure to enforce trial calendars. The Navigant Construction Forum™ set out to test this opinion.

 Research
Ten Mistakes Owners Make That Cause Disputes

After nearly four decades as a contracting officer James G. Zack, Jr. has concluded that employers routinely make a number of mistakes on projects that actually cause disputes.

 Article

Experts

James G. Zack

Mr. Zack is Executive Director of Navigant's Construction Forum™. He is a recognized and well published expert in mitigation, analysis and resolution, or defense of construction disputes. He is a nationally known author, speaker and trainer concerning the management, mitigation and resolution of construction claims and disputes. Jim is located in Irvine, California.

Related Services