For a contractor with a claim on a federal construction project, an essential occurrence is a “final decision” by the government contracting officer. Ideally, this is a formal written response addressing the merits of the claim.
But if the contracting officer declines to respond within 60 days, it becomes a “deemed denial” of the claim. A final decision, formal or deemed, is a jurisdictional prerequisite to the contractor’s right to appeal.
Contractors would obviously prefer a government agency to go on the record with a response to a claim. The Contract Disputes Act allows a contractor to petition a board of contract appeals “to direct a contracting officer to issue a decision in a specified period of time.” Does this empower contractors to force a written claim decision by the government? Unfortunately, that question was recently answered in the negative.
Keep reading this article at: http://www.constructiondive.com/news/can-contractors-force-a-written-decision-on-a-claim/505464/
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