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An equitable adjustment, in government contracting, is a contract adjustment pursuant to a changes clause, to compensate the contractor expense incurred due to actions of the Government or to compensate the Government for contract reductions. An equitable adjustment includes an allowance for profit; clauses that provide for adjustments ...
The United States Court of Appeals for the Federal Circuit has found that "to receive an equitable adjustment from the Government, a contractor must show three necessary elements -- liability, causation, and resultant injury." CEMS, Inc. v. United States, 59 Fed. Cl. 168, 226 (Fed. Cl. 2003) (emphasis added) (citations omitted).
If the parties are unable to agree on compensation to be received by the contractor for the modified work, the contractor shall be entitled to an equitable adjustment. 'The goal of an equitable adjustment is to place the contractor in the position they would have been in had the change not been encountered'. The adjustment should not alter the ...
Before an equitable adjustment will be granted, contractors must demonstrate: (1) increased costs arose from conditions materially different from what the contract documents indicated and that such conditions were reasonably unforeseeable based on all information available to the contractor; and (2) the changes in the requirements caused the ...
The NASA Contract Adjustment Board considers requests by NASA contractors for equitable contractual relief. In the U.S. Department of Transportation , a "Board of Contract Appeals" [ 15 ] is responsible for hearings and decisions on appeals from decisions of departmental contracting officers ; when sitting as the Contract Adjustment Board it ...
Equitable recoupment is a judicially created defense most commonly applied in legal cases in the federal and state tax systems of the U.S.. [1] [2] This doctrine can allow, under specific circumstances, the government to defeat a refund claim or a taxpayer to avoid an assessment on the basis of a past underpayment or overpayment that is outside the statute of limitations period.
"Adequate Remedies" refers to the legal remedy, and equitable remedies that apply to the administrative or state court remedies. [4] The court was unable to grant any equitable remedies such as specific performance where there is a plain legal remedy such as monetary damages. "Adequate Remedies" continues to appear in the federal case between ...
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.