Contract Claims & Disputes

Baker Tilly’s government contracting professionals provide clarity to contractors and their legal counsel in connection with claims and disputes arising out of asserted cost disallowances, CAS noncompliances, defective pricing, and damages related to contract changes and terminations.

Related:

Our experienced industry team understands the regulatory nuances and financial complexities involved in resolving cost accounting disputes, quantifying changes, and settling up contract terminations.  We help our clients prevail by presenting complex accounting information in a manner easily understood by auditors and other key government decision makers.   

    Our solutions

    Contract disputes with the government create challenges and consequences far beyond those encountered in the commercial business world. Unique, cumbersome, and onerous terms and conditions make government contracts ripe for potential disputes.  These terms often give rise to unique areas of contention such as tedious accounting rules, contract terminations, bid protests, the obligation to perform unilateral contract changes, and False Claims Act actions. 

    Responding to a government contract dispute in the same manner as a commercial dispute may yield many unpleasant, costly surprises. Baker Tilly’s government contracting professionals provide clarity to contractors and their legal counsel on complex cost accounting, pricing, and other compliance-related dispute issues. Our analyses are designed to withstand the intense scrutiny of government audit, negotiation, and, if necessary, litigation. When engaged early enough, we help clients and their Contracting Officers reach reasonable negotiated resolutions. Additionally, we help clients: 

    • Develop persuasive change order proposals, termination settlement proposals, requests for equitable adjustment, and claims that withstand government review and audit
    • Investigate contract cost overruns to identify potential constructive changes
    • Evaluate bid protest accounting, cost analysis, and cost realism issues
    • Quantify allowable termination settlement costs and develop comprehensive settlement business proposals, including persuasive bases of estimate
    • Investigate allegations of company misconduct from internal sources or arising under the False Claims Act
    • Prepare damages analyses and support for self-disclosures when internal investigations reveal errors or irregularities
    • Investigate defective pricing allegations arising under the Truth in Negotiations Act
    • Ensure compliance with government contract accounting and pricing regulations
    • Investigate and defend against subcontractor claims, including evaluating subcontractor termination settlement proposals
    • Provide expert witness testimony before state and federal courts, boards of contract appeal, arbitrations, and mediations, as necessary
    Our depth of technical experience and focus on serving government contractors enables us to achieve favorable outcomes for our clients.
    Brent Calhoon Partner, CPA