Steptoe represents clients in every aspect of developing, submitting and negotiating claims and requests for equitable adjustments (REAs). We have assisted our clients in successfully resolving virtually all of these matters either without litigation or through settlements reached well before trial. In addition to typical claims issues such as constructive changes, superior knowledge, differing site conditions, liquidated damages, and terminations for convenience and default, we have helped clients resolve many complex and challenging claims involving economic price adjustment provisions, defective estimates in government specifications, patent infringement claims against the government, Value Engineering Change Proposals, CAS compliance, Anti-Deficiency Act violations, and REAs in connection with Foreign Military Sales transactions.  Our team has experience in all of the potentially relevant forums for prosecuting and defending government contract claims, including the Court of Federal Claims, the United States District Courts, the Armed Services and Civilian Boards of Contract Appeals, and state boards of contract appeals.  

Representative Matters

  • Steptoe successfully represented a client in preparing a claim for a multi-million dollar equitable adjustment in its contract price based on differing site conditions, constructive changes, the Government’s failure to properly inspect and accept work under the Inspection clause, and liquidated damages.  This claim was resolved through settlement without litigation.
  • Steptoe represented a support services contractor client in filing a claim for payment for additional work performed under a task ordered issued pursuant to a BPA under the client’s GSA Multiple Award Schedule contract.  The claim related to work performed after the government extended the period of task order’s performance and directed the client to perform additional work.  The claim was settled with the client recovering 90% of the amount of the claim.
  • For a client who was performing a US government contract in Iraq, Steptoe helped assess and evaluate potential REAs and claims to recover increased costs and equipment losses that had resulted from insurgent activity.
  • Humana Military Healthcare Services, Inc., ASBCA Nos. 56884, 56892, 57086 (2009).  Steptoe successfully negotiated a settlement of claims for constructive acceptance of a Value Engineering Change Proposal (VECP) and for price adjustments arising out of contracts to assist the Department of Defense in managing the delivery of healthcare to military families.
  • Metropolitan Transportation Commission v. Motorola, Inc., No. C 06-2302 (N.D. Cal.), on appeal, No. 07-15576 (9th Cir. 2009).  In federal district court in California and before the U.S. Court of Appeals for the Ninth Circuit, Steptoe represented a technology company in defense of a breach of contract claim asserted by California’s Metropolitan Transportation Commission.  On appeal, Steptoe prevailed on several key issues.  The parties ultimately reached a mutually-acceptable settlement of this matter.    
  • Great Lakes Dredge & Dock Co., LLC, ASBCA No. 55650 (2007).  Steptoe successfully represented Great Lakes on differing site conditions and failure to disclose superior knowledge claims.  The case proceeded through discovery and resulted in a mutually-acceptable settlement prior to hearing.

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