Within the realms of the FAR, a claim is “a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract.” When the amount is at or exceeds $100,000, certification is required (§52.233-1c). This week’s issue begins with a case that questions whether a certified claim that is later adjusted requires recertification.

Also this week, we report on two questions of where to allocate payment and delays. In one, a court is asked to determine whether a surety properly allocated a bond payment. The prime and sub both used the same company and were both assigned responsibility to a bond payout claim by the sub’s supplier. In the other case, the owner and contractor both contributed to delays on a project’s critical path. But, do the contractor delays bar it from any and all delay damages? A Pennsylvania court provides the answer.