(Editor’s Note. Though contractors need to be careful to quantify dollars for requests for equitable adjustments and resulting claims (so called “sum certain”), the following indicates an exception for presenting a valid claim.)

In a renovation contract, the government asked the contractor to remove and replace some materials it had installed.  The contractor asserted the directive was a change in the contract and asked for a price adjustment which was not specified and the CO rejected the request.  The agency stated the request was not a claim because it did not demand payment in a sum certain citing the FAR definition of a claim as “a written demand or assertion by a contracting party seeking, as a matter of right, the payment of money in a sum certain, the adjustment of contract terms or other relief arising under the contract.”  The Board disagreed ruling the request constituted a claim because it had asked for an interpretation of contract terms saying “ a demand which does not mention a sum certain may nonetheless come within the definition of a claim if it is for the adjustment or interpretation of contract terms.” (William D. Euille & Assocs. v. General Services Administration, GSBCA, No. 15261.)

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