Navigating the Contract Disputes Act and Federal Procurement Rules
The CDA and Tucker Act establish the foundation for contractor claims and government liability. However, successful navigation requires understanding not only legal doctrine but also agency procedure, contracting officer discretion, and judicial precedent.
SJKP LLP guides clients through the entire lifecycle of claims—from initial notice and documentation to appeal and settlement—ensuring compliance with jurisdictional and procedural requirements. Our attorneys have represented clients in high-profile cases involving major weapons systems, infrastructure projects, and international reconstruction efforts.
Key Legal Considerations
- - Contract Disputes Act (CDA): Timely submission, certification, and appeal of claims.
- Tucker Act: Establishing jurisdiction and entitlement for monetary recovery.
- Federal Acquisition Regulation (FAR): Managing change orders, cost disallowance, and default procedures.
- Equitable Adjustments: Addressing scope changes, delay, and disruption impacts.
- Agency-Specific Rules: Navigating DOE, DoD, GSA, and USAID claim frameworks.
We help contractors protect their contractual rights through rigorous claim preparation and strategic advocacy.
2. Claim Preparation and Equitable Adjustment Strategies
Building Strong Foundations for Recovery
Claim success depends on the strength of its factual foundation. SJKP LLP’s attorneys collaborate closely with project managers, accountants, and engineers to quantify and substantiate claims. We assist in preparing Requests for Equitable Adjustment (REAs) and Certified Claims, ensuring that cost, schedule, and performance impacts are thoroughly documented and legally sound.
Our approach combines technical insight with persuasive advocacy to maximize recovery while preserving client relationships with government agencies.
Claim Preparation Capabilities
- - Developing comprehensive cost and schedule analyses.
- Asserting constructive change, defective specification, or superior knowledge claims.
- Addressing negligent estimates, government delay, and cardinal change theories.
- Preparing Requests for Equitable Adjustment (REAs) and Certified Claims under the CDA.
- Negotiating contract modifications and settlements before formal litigation.
We help clients transform complex operational challenges into credible, defensible claims that secure financial and contractual relief.
3. Termination for Default and Convenience
Protecting Contractor Interests in Termination Scenarios
Contract terminations—whether for default or convenience—are among the most challenging events in federal contracting. They often trigger extensive cost recovery efforts, asset disposition issues, and reputational risk.
SJKP LLP advises clients through all stages of termination proceedings, from notices of default to termination settlements and appeals before the CFC or Boards of Contract Appeals. Our attorneys have handled two of the largest Terminations for Default (T4D) arising from overseas reconstruction contracts, successfully reversing government findings and securing substantial recovery for our clients.
Termination Advocacy Services
- - Challenging termination for default determinations and converting to termination for convenience.
- Preparing and negotiating termination settlement proposals.
- Addressing termination for cause, partial terminations, and subcontract terminations.
- Recovering costs and damages for wrongful or arbitrary government actions.
- Coordinating appeals and litigation before the CFC and Federal Circuit.
We protect contractors’ reputations, preserve financial stability, and ensure compliance during the most sensitive termination proceedings.
4. Constructive Change and Cost Disallowance Claims
Turning Government-Imposed Challenges Into Opportunities for Relief
When government agencies modify contracts informally or disallow legitimate costs, contractors face significant operational and financial strain. SJKP LLP has successfully advanced constructive change, defective specification, superior knowledge, and arbitrary cost disallowance theories to recover millions in damages.
Our lawyers also represent clients in disputes arising from Contractor Performance Assessment Ratings (CPARS), advocating for improved evaluations and equitable adjustments that reflect actual performance.
Cost Recovery and Constructive Change Capabilities
- - Litigating constructive change and differing site condition claims.
- Challenging improper cost disallowances and award fee denials.
- Pursuing negligent estimate and superior knowledge theories.
- Seeking CPARS rating adjustments through CDA claims and appeals.
- Negotiating settlements and consent judgments with contracting agencies.
We provide legal and technical advocacy that transforms unfair contract modifications into financial recovery opportunities.
5. Spent Nuclear Fuel (SNF) and Energy-Related Litigation
Pioneering Advocacy in Specialized Government Contract Disputes
SJKP LLP is recognized as a thought leader in Spent Nuclear Fuel (SNF) litigation, representing contractors and utilities before the Court of Federal Claims and Federal Circuit. We advise on annual settlement submissions to the Departments of Energy and Justice, securing favorable outcomes in one of the government’s most complex and precedent-setting litigation arenas.
Our lawyers’ extensive experience with SNF disputes and nuclear infrastructure projects positions us to deliver results in high-stakes claims involving national security, environmental, and regulatory dimensions.
SNF and Specialized Dispute Capabilities
- - Representing clients in CFC and Federal Circuit SNF litigation.
- Preparing annual settlement and recovery submissions to DOE and DOJ.
- Advising on cost recovery, storage, and infrastructure disputes.
- Managing long-term settlement compliance and oversight.
- Coordinating multidisciplinary legal, regulatory, and technical teams.
We combine litigation skill with deep subject-matter expertise to resolve claims that shape federal energy and infrastructure policy.
6. Prime and Subcontract Disputes
Resolving Complex Supply Chain and Flow-Down Conflicts
In large-scale government and construction contracts, prime and subcontractor relationships are often at the heart of performance disputes. SJKP LLP’s attorneys are recognized authorities in supply-chain management, subcontract negotiation, and dispute resolution. We advise both primes and subs in managing risk, protecting payment rights, and aligning flow-down obligations with FAR compliance.
Our experience extends to domestic and international subcontracts, including those supporting classified or overseas operations.
Supply Chain and Subcontract Services
- - Drafting and negotiating prime and subcontract agreements.
- Resolving payment, delay, and change order disputes.
- Managing flow-down compliance and indemnity allocation.
- Advising on termination and novation of subcontracts.
- Litigating pass-through and back-to-back claim disputes.
We help clients strengthen contractual relationships while minimizing risk across global project portfolios.
7. Why Choose SJKP LLP for Claims & Terminations Counsel
Experience. Strategy. Results.
Government and commercial contracting require more than compliance—they require foresight. At SJKP LLP, we bring decades of success in claims, equitable adjustments, and terminations to help contractors protect their interests and preserve profitability.
Our attorneys combine litigation expertise, industry knowledge, and regulatory fluency to resolve disputes efficiently and strategically. Whether pursuing multimillion-dollar claims under the CDA, negotiating terminations for convenience, or managing subcontractor litigation, we ensure every client receives practical, results-driven representation.
At SJKP LLP, we turn contract adversity into opportunity—helping our clients navigate disputes with confidence and clarity.
31 Oct, 2025
