CDA Claim — Contract Disputes Act Claim
Also known as: CDA claim, contractor claim, request for a contracting officer's final decision
At a Glance
- Where you file
- With the contracting officer, as a written claim requesting a final decision
- Who decides
- The contracting officer issues a written final decision
- Deadline to file
- Within 6 years of accrual of the claim (CDA statute of limitations)
- Certification
- Claims over $100,000 must be certified by the contractor
- CO response time
- 60 days for claims of $100,000 or less; for larger claims, a decision or a firm date within a reasonable time
- Relief available
- A final decision granting or denying money, time, or a contract interpretation; the predicate to appeal to a board or COFC
What It Is
The Contract Disputes Act (41 U.S.C. §§ 7101–7109), implemented by FAR Subpart 33.2, is the framework for resolving disputes that arise during performance of a federal contract — a request for more money, more time, an equitable adjustment, or an interpretation of a contract term. The process begins with a 'claim': a written demand or assertion by the contractor seeking, as a matter of right, the payment of money in a sum certain, an adjustment or interpretation of contract terms, or other relief. The contractor submits the claim to the contracting officer and requests a final decision. Claims exceeding $100,000 must include a specific CDA certification signed by the contractor. The contracting officer must issue a final decision on a claim of $100,000 or less within 60 days, and for larger claims must either decide or tell the contractor a firm date within a reasonable time. The CO's final decision — or a 'deemed denial' if the CO fails to act — is the jurisdictional gateway that lets the contractor appeal to a board of contract appeals or to the Court of Federal Claims.
When to Use It
- When the government has directed extra work, delayed you, or changed the conditions and owes you an equitable adjustment.
- When an invoice or request for payment has been denied and you need a decision you can appeal.
- When the parties disagree on what a contract term requires and you need a binding interpretation.
- When you must preserve your rights before the six-year Contract Disputes Act limitations period runs.
Key Features
| Feature | What It Means |
|---|---|
| A written claim to the CO | The dispute must first be presented as a written claim to the contracting officer requesting a final decision — you cannot skip straight to a board or court. |
| Certification over $100,000 | A claim exceeding $100,000 must include the CDA certification (good faith, accurate, and that the contractor believes the government is liable) signed by an authorized representative. A defective certification can be corrected, but a missing one can block jurisdiction. |
| The CO's decision clock | The CO must issue a final decision within 60 days on claims of $100,000 or less, and within a reasonable time (with a firm date) on larger claims. Undue delay can be treated as a deemed denial you may appeal. |
| CDA interest runs from receipt | Interest on a successful claim accrues from the date the contracting officer receives the certified claim until payment, at the Treasury-set rate. |
| Six-year limitations period | A claim must be submitted within six years after it accrues — the date the events fixing liability were, or should have been, known. |
What It Means for an SDVOSB
For a service-disabled veteran-owned small business, the Contract Disputes Act is the tool for getting paid what a contract actually owes — the equitable adjustment when the government changes the work, the time extension when a government delay pushes the schedule, or payment on a disputed invoice. Small firms most often stumble on the mechanics rather than the merits: sending an argumentative letter that is not a proper 'claim,' omitting the required certification on a claim over $100,000, or requesting a sum that is not a 'sum certain.' Getting the claim right — a clear written demand, a sum certain, an explicit request for a final decision, and the certification when required — is what converts a payment dispute into an appealable decision. It also starts CDA interest running in your favor from the day the CO receives the certified claim.
How to File
- Frame the dispute as a proper claim: a written demand seeking payment of a sum certain, a contract adjustment, or an interpretation, submitted to the contracting officer.
- If the amount exceeds $100,000, include the CDA certification signed by an authorized company representative.
- Expressly request a contracting officer's final decision, and document the date the CO receives the claim (CDA interest runs from that date).
- Track the CO's clock — 60 days for claims of $100,000 or less; a decision or a firm date within a reasonable time for larger claims — and treat undue delay as a deemed denial.
- On receiving the final decision (or a deemed denial), decide whether to appeal to a board of contract appeals within 90 days or to the Court of Federal Claims within 12 months.
Common Pitfalls
- Sending a letter that argues the merits but is not a proper 'claim' — without a sum certain and a request for a final decision, the CO decision and any appeal can be dismissed for lack of jurisdiction.
- Omitting or botching the certification on a claim over $100,000.
- Letting the six-year Contract Disputes Act limitations period lapse.
- Missing the appeal deadlines after the final decision — 90 days to a board or 12 months to the COFC — which are jurisdictional and cannot be extended.
Run the Numbers
Frequently Asked
What is a Contract Disputes Act claim?
It is a written demand or assertion by a contractor, submitted to the contracting officer under the Contract Disputes Act (41 U.S.C. §§ 7101–7109) and FAR Subpart 33.2, seeking as a matter of right the payment of a sum certain, an adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. The contractor requests a contracting officer's final decision, and that decision (or a deemed denial) is the gateway to appealing the dispute to a board of contract appeals or the Court of Federal Claims.
Do I have to certify a CDA claim?
Only claims exceeding $100,000 must be certified. The certification states that the claim is made in good faith, that the supporting data are accurate and complete to the best of the contractor's knowledge, that the amount requested accurately reflects the contract adjustment believed due, and that the certifier is authorized. A defective certification can usually be corrected, but a completely missing certification on a claim over $100,000 can prevent a board or court from hearing an appeal.
How long does the contracting officer have to decide my claim?
For a claim of $100,000 or less, the contracting officer must issue a final decision within 60 days of receiving a request for one. For claims over $100,000, the CO must, within 60 days, either issue a decision or notify the contractor of a firm date by which the decision will be issued, and then decide within a reasonable time. If the CO unreasonably delays, the contractor can treat the inaction as a deemed denial and appeal.
Primary Sources
- 41 U.S.C. § 7103 — Decision by contracting officer
- 41 U.S.C. § 7104 — Contractor's right of appeal
- FAR 33.206 — Initiation of a claim
- FAR 52.233-1 — Disputes clause
Plain-English reference, not legal advice. Protest and dispute deadlines are short and strictly enforced, the choice of forum can waive other rights, and the governing statutes, FAR, and 13 CFR rules are periodically amended — always confirm the current deadline and procedure for your specific situation, read the actual solicitation and contract, and consult qualified counsel before relying on this.
Change log (1)
- LaunchedPublished the federal bid protest & contract dispute forums reference covering where and how an SDVOSB challenges a procurement or resolves a dispute — the agency-level protest (FAR 33.103), the GAO bid protest and CICA automatic stay (31 U.S.C. §§ 3551–3557 / 4 CFR Part 21), the Court of Federal Claims protest (28 U.S.C. § 1491(b)), the SBA size protest (13 CFR §§ 121.1001–121.1009), the SDVOSB status protest (13 CFR Part 134, Subpart J), the NAICS code appeal (13 CFR § 121.1103), SBA's Office of Hearings and Appeals (13 CFR Part 134), the Contract Disputes Act claim (41 U.S.C. §§ 7101–7109), the ASBCA/CBCA boards of contract appeals (41 U.S.C. § 7105), and the Court of Federal Claims contract claim (28 U.S.C. § 1491(a)) — each with an at-a-glance quick-facts card, a key-features table, a how-to-file checklist, common pitfalls, an SDVOSB-specific angle, FAQPage, Article, Dataset, and BreadcrumbList structured data, primary-source citations, and cross-links into the glossary, regulation explainers, compliance deadlines, how-to guides, FAQ, and the set-aside eligibility, size-standard, win-probability, and price-to-win calculators.