Our client was awarded a contract by FEMA to provide disaster relief services when and where requested across the United States. During performance of the contract, the government’s administration of the contract continually changed, with several different contracting officers and contracting officer’s representatives being assign to and working on the contract. Perhaps because of this constant change of contract administration personnel, the procedures and authority for ordering work to be performed by our client also continually changed. As a result, there was a variety of work for which FEMA hadn’t paid our client, including for work performed in Texas, Arkansas, Kentucky and Illinois.
After the claim was filed, FEMA refused to issue a final decision and a complaint was filed at the Court of Federal Claims. Before the government’s answer to the complaint was due, were defending a deposition at the Department of Justice on a different case. After that deposition was over, we walked down the hall and met with the DOJ attorney responsible for this case. As a result of those discussions, we were able to settle the case, before the government even filed an answer, and recovered 85% of the claimed amount.