Recovering COVID-19 Costs Where Section 3610 of the CARES Act Does Not Apply
This article provides a brief refresher of key considerations for contractors considering COVID-related Requests for Equitable Adjustments or claims.
The financial relief offered to contractors under Section 3610 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) is limited to contractors who: (1) cannot perform work at their approved sites due to site closures, and (2) cannot telework. For contractors that do not meet these two conditions, the traditional Request for Equitable Adjustment (“REA”) and claims processes are still available and may permit recovery of some cost increases due to COVID-19.
This article provides a brief refresher of key considerations for contractors considering COVID-related REAs or claims. Of course, the particular facts and terms of each contract will ultimately determine whether cost increases are recoverable.
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“Recovering COVID-19 Costs Where Section 3610 of the CARES Act Does Not Apply,” by Stephanie M. Harden was published in the September 2020 edition of Pratt’s Government Contracting Law Report (Vol. 6, No. 9), an A.S. Pratt Publication, LexisNexis. Reprinted with permission.
This article was first published in Blank Rome’s Government Contracts Navigator blog on June 25, 2020.