Construction SuperConference 2017

E32 Strategies for Prompt and Effective Resolution of Government Claims Utilizing the Court of Federal Claims and Boards of Contract Appeals (Room Chopin 2)

The formative ideal in constituting the courts hearing government contract claims was to provide the informal, expeditions, and inexpensive resolution of disputes.  Mindful of the ever-increasing need to realize this organizing purpose, the panel will consider several means by which the Boards of Contract Appeals ("BCA") and Court of Federal Claims ("CFC") can be utilized in achieving the goal of prompt and effective claims resolution.

Upon completion of this session, participants will be able to:

  • Understand setting the stage for prompt and effective claims resolution from the jobsite to the courtroom - Attendees will learn tips from panel experts on sound claims administration and about the Government's duty of good faith and fair dealing throughout the dispute process.
  • Understand the ABC's of the BCA and the CFC - Attendees will learn about the unique features of the Boards of Contract Appeals ("BCA") and the Court of Federal Claims ("CFC") from retired Judge Park-Conroy as well as expert practitioners through the lens of prompt and efficient claims resolution including:  how to posture your case for declaratory relief; jurisdictional distinctions between the BCA and CFC - including the authority to hear Government counterclaims based on the False Claims Act; and key considerations for selecting the proper forum for your case.
  • ADR at the BCA and the CFC - Attendees will learn about the early resolution ADR procedures for Government claims including pre-litigation matters. The Panelists will also provide recommendations on how to set up winning rapid resolution ADR sessions for Government claims.