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Managing Government Construction Contract Changes

 

Understand the various contract vehicles and the change processes unique to each as identified by clauses under the Federal Acquisition Regulations.

Understanding and managing contract changes is key to the fair administration and equitable cost recovery for any construction project. It becomes exponentially more important in the complex arena of federal contracting, where the overlay of unique contracting mechanisms, federal acquisition regulations, and the parameters of the Contracts Disputes Act require strict adherence to regulations governing the creation, protection and preservation of change order adjustments. This topic will address the various contract vehicles, the change processes unique to each as identified by relevant clauses under the Federal Acquisition Regulations, use of specific instruments such as Engineering Change Orders (ECOs), Requests for Equitable Adjustment (REAs); Constructive Change Requests (CCRs), and the Cardinal Change doctrine, and suggested documentation strategies necessary to establish, preserve, prove, and protect the right to changes.

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Managing Government Construction Contract Changes

Faculty

Denise Farris

Denise Farris

Farris Law Firm LLC

  • Founder of Farris Legal Services LLC
  • Has spent over 32 years providing commercial construction legal services with a special emphasis on government contracting at the local, state and federal levels
  • Served as past Chairperson Division 10, Legislation and Government Regulations for the American Bar Association's Forum on the Construction Industry, where she participated as a popular speaker and presenter at various industry seminars covering government certification programs, ADA compliance, and Indefinite Delivery / Job Order / Task Order contracting at the federal level
  • Has authored various construction law publications as well as several chapters in the Forum’s Deskbook, “Federal Government Contracting”
  • Has been a featured speaker at national seminars sponsored by the Department of Transportation, Department of Energy, and Small Business Administration
  • Has successfully litigated cases of first impression before the U.S. Court of Federal Claims, including what constitutes a cardinal change under an IDIQ/JOC contract with the General Services Administration, government responsibility to provide accurate minimum/maximum bid estimates in IDIQ contracts, and defining characteristics of legal conflicts of interest in complex party litigation
  • Has additionally served as an expert witness relevant to SBA regulations relevant to federal teaming and joint venture agreements, and has provided congressional testimony relative to the rulemaking process involved in various federal and state/local contracting programs
  • Business recognitions include Best of the Bar, Best Female Attorneys MO and KS, Women Impacting Public Policy Advocate of the Year, Small Business Administration Regional Business Advocate of the Year, Enterprising Women’s Small Business of the Year, and Ingrams’ “Kansas City 50: Top Female Leaders” awards
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Managing Government Construction Contract Changes

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