Changes and Terminations

During performance of a government contract, changes may be required.  A contract change is any addition, subtraction, or modification of the work required under a government contract. Categories Administrative. These unilateral changes are made in writing by the contracting officer, and do not affect the substantive rights of the parties. FAR 43.101. These include:...

The Government usually has two options for terminating contracts: a termination for default (T4D) and a termination for convenience (T4C). Generally, the Government may terminate for default if the contractor fails to perform under the contract, but the FAR contains various default clauses that can be incorporated into a contract, each identifying different conditions...

The doctrine of contra proferentum mandates that “[w]here the Government draws specifications which are fairly susceptible of a certain construction and the contractor actually and reasonably so construes them, justice and equity require that that construction be adopted.” Peter Kiewit Sons' Co. v. United States, 109 Ct.Cl. 390, 418 (1947). This longstanding doctrine is...

The Suspension of Work clause is commonly incorporated in government contracts and is located at  FAR 52.242-14. This clause provides that the contracting officer may order the suspension, delay or interruption of all or any part of the work of a contract for the period of time that the Contracting Officer determines appropriate for...

Pursuant FAR 52.236-2, a contractor is entitled to an equitable adjustment to a government contract when the contractor encounters “differing site conditions”. This FAR contract clause sets forth two types of differing site conditions, known as Type I and Type II. A Type I differing site condition arises when the conditions encountered differ from...

Termination settlement proposals are key to ensuring the contractor is adequately compensated when the Government chooses to terminate the contract for its convenience. Understanding the rules and regulations governing such settlements will help maximize recovery for the contractor. FAR 52.249-1 thru 5 and FAR Part 49.502 address terminations for the convenience of the government....