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When A Contractor's Claim Is Not A 'Claim'

Law360, New York (February 23, 2016, 10:19 AM EST) -- How certain is “certain”? That is a question that regularly faces contractors filing claims under the Contract Disputes Act and part 33 of the Federal Acquisition Regulation.

The standard "disputes" clause at FAR 52.233-1 defines a “claim” as “a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract.” At face value, this would seem to require that a contractor know, to the penny, what damages it is seeking as...

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