CaseMark CDA Certified Claim
Produces a CDA-compliant claim package that preserves appeal rights and supports entitlement and quantum under 41 U.S.C. §§ 7101–7109.
Prerequisites
Gather before drafting:
- Executed contract and all modifications (including disputes/changes clauses)
- Contracting officer name, title, office address, submission method
- Chronology of events with source documents
- Damages data with source records (cost reports, invoices, payroll, schedules)
- Authorized company official for certification (if claim > $100,000)
Quick Start
Structure the claim package using the sections below in order. Replace all bracketed fields with case-specific facts.
Claim Structure
1. Header
- Claimant: full legal name and address (as in contract)
- Contracting Officer: name, title, agency, office address
- Contract Number (including mods), Award Date, Submission Date
- Subject: "Certified Claim under the Contract Disputes Act (CDA)"
2. Executive Summary (5–10 lines)
- Contract purpose, type, period of performance
- Claim type: change / differing site conditions / delay / breach
- Relief requested: definite sum and/or time extension
- Request for final decision
3. Contract Background
| Field | Detail |
|---|---|
| Contract type | [FFP / CPFF / T&M] |
| Scope | [brief scope] |
| POP | [start–end] |
| Value | [base + options] |
| Key clauses | [clause numbers/titles] |
4. Statement of Claim (Definite Relief)
- Monetary:
$[exact amount]— no ranges or estimates - Time extension:
[exact days]calendar/work days (if applicable) - Identify claim theory and triggering government act/omission
5. Factual Narrative
Chronological table with exhibit cites:
| Date | Event | Personnel | Exhibit |
|---|---|---|---|
| [YYYY-MM-DD] | [event] | [names/titles] | [Ex. #] |
6. Entitlement
Map claim theory elements to facts and authority:
| Theory | Elements | Authority | Facts Satisfied |
|---|---|---|---|
| Change | [elements] | FAR 52.243-1 / 52.243-2 | [facts] |
| Differing Site Conditions | [Type I/II] | FAR 52.236-2 | [facts] |
| Delay/Suspension | [elements] | [clause] | [facts] |
Required authority anchors:
- 41 U.S.C. §§ 7101–7109 (CDA)
- FAR Part 33; FAR 33.211 (final decision requirements) [VERIFY]
- Case law: include full name, citation, one-sentence holding
7. Quantum
| Cost Category | Basis | Amount | Source |
|---|---|---|---|
| Direct labor | [hours × rate] | $ | [Ex. #] |
| Materials | [qty × unit] | $ | [Ex. #] |
| Equipment | [rental/owned] | $ | [Ex. #] |
| Subcontracts | [COs/invoices] | $ | [Ex. #] |
| Indirects | [rate × base] | $ | [Ex. #] |
| Delay/overhead | [method] | $ | [Ex. #] |
| Productivity loss | [method] | $ | [Ex. #] |
| CDA interest | [rate + period] | $ | [Ex. #] |
| Total | $[total] |
- Delay/home-office overhead: specify method (e.g., Eichleay) and inputs
- Interest: cite 41 U.S.C. § 7109
8. Certification
Required if claim > $100,000. Insert exact statutory text without modification:
"I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the contractor."
Signature block: Name, Title, Company, Date.
For claims ≤ $100,000: omit certification but still request a final decision.
9. Demand for Final Decision
State: "This is a claim under the CDA and requests a final decision by the Contracting Officer."
Include appeal preservation language per 41 U.S.C. § 7104 [VERIFY].
10. Exhibits
| Exhibit | Description | Date | Relevance |
|---|
Every factual assertion and quantum line item must cite an exhibit.
11. Delivery
State delivery method. Attach proof of receipt. Retain a complete copy.
Pitfalls
- No definite sum — never use ranges, estimates, or "TBD"
- Missing exhibit links — every fact and cost must map to an exhibit
- Wrong contracting officer — verify addressee before submission
- Unverified case law — confirm jurisdiction (ASBCA, CBCA, COFC, Fed. Cir.)
- Certification omitted — required for claims > $100,000; omission may waive appeal rights
- Uncertain citations — mark with
[VERIFY] - Argumentative tone — keep factual and objective throughout