Termination of Convenience and Default
Many government contractors struggle with understanding their rights when an official agency imposes a notice of termination for convenience or default. Without a thorough understanding of the termination clause and how the resulting damages fit into the picture, large and small businesses are finding themselves losing thousands or millions of dollars that could otherwise have been preserved or recovered. The immediate concern is to minimize damages and to protect the business’ rights in case the contracting officer makes unlawful decisions in the process.
What you do after a termination notice is critical to the overall outcome.
Understanding whether the agency has acted lawfully (e.g. breach of contract) is commonly missed by many attorneys.
As a former military contracting officer, Attorney Kenneth Martin is uniquely positioned to help clients ensure that the agency acts within the boundaries of their contracts. He can also help clients maximize their financial recovery when termination for convenience occurs, and protect their interests when there are termination for default issues. The Martin Law Firm frequently helps clients navigate through the maze of legal issues that commonly arise. Our clients include small businesses and large DOD contractors in various industry groups.
With over 30 years of hands-on experience of working for federal contracting agencies, we understand the issues that often arise. Therefore, we focus on protecting our clients' rights for appeal early in the termination process.
Attorney Kenneth Martin understands the termination clause and the statutory protections that our clients are entitled to receive. We help with the following: settlement proposals, termination for convenience claims preparation, compliance with contract disputes, assessment of statutory claims, negotiations with the agency, litigation and appeals, and assessments of contract terminations for breach of contract claims.
Embedded in virtually all government contracts is the agency's unilateral right to issue a termination for convenience letter. However, specific care must be used to ensure recovery of incurred contract costs following termination of convenience issues.
When the government contracting agency issues a termination for default notice under the FAR, your exposure and business future is at risk. The agency, with its virtually-unlimited resources, has the advantage of complex rules and regulations on its side. Many contractors are unaware of the laws that can challenge the agency's default terminations decision.
Given the strict procedural rules and guidelines, having the right legal counsel and advice could save your reputation and future of doing business with the federal government. When it comes to appealing the CO's final decision on a default termination, you should be fully prepared. The Martin Law Firm helps companies nationwide avoid or minimize the impact of default terminations.
Our law office is located near Washington, DC. Attorney Kenneth Martin is a former Air Force contracting officer who has significant experience in default termination procedures and the many tiers of litigation and appeals process. Because we recognize the substantial risks involved and the aggressive advocacy that is required for small businesses, our McLean VA-based firm is dedicated to representing clients from the negotiation stage through the appeals process.
With over 30 years of experience in government contracting, Attorney Kenneth Martin can help you avoid the costs and other consequences of an unlawful terminated action. Regardless of where you are located, if you are a federal contractor seeking prompt and cost-effective resolution of an unlawful termination, contact The Martin Law Firm at (703) 918-0350.