Michael Richard is an experienced litigator who practices before the Court of Federal Claims, the Armed Services Board of Contract Appeals (ASBCA), and the Civilian Boards of Contract Appeals (CBCA). He has drafted, negotiated, and litigated claims under the Contract Disputes Act for changes, delay, disruption, differing site conditions, design defects, overzealous inspection, negligent estimation of quantities, changes to design criteria, withholding of liquidated damages, price escalation, government furnished property, COVID damages, and contract terminations.
As a former General Counsel for a defense contractor, Michael understands the full spectrum of issues that arise in doing business with the federal government. He has experience managing contract and regulatory compliance, corporate organization, credit agreement compliance, foreign business registrations, employment issues, debriefings, internal investigations, FCPA investigations, cost-reimbursable contracts, DCMA and DCAA audits, and Service Contract Act (SCA) compliance. Michael also advises clients on the requirements for government contractors involved in M&A transactions.
Michael has negotiated tens of millions of dollars in settlements with various federal agencies. He has negotiated directly with agency and Department of Justice (DOJ) counsel, created incentive for government counsel to participate in ADR proceedings, drafted settlement agreements, and led negotiations with government counsel during ADR. Michael has also represented clients in bid protest actions before the Government Accountability Office (GAO), the Court of Federal Claims (COFC), and advised small business clients with Small Business Administration protests and teaming agreements, as well as helped maintain status an SDVOSB, WOSB, or other federally recognized small business. Additionally, he has resolved issues with subcontractors, including pass-through claims, prompt payment requirements, prevailing wage issues, and Miller Act bond claims.
Michael counsels his clients regarding compliance with federal laws and regulations including the FAR, DFARS, SCA, and False Claims Act. He also advises clients regarding all aspects of contract award and performance for both domestic and OCONUS projects.