CPCM Certified Professional Contract Manager: Negotiation and Conflict Resolution in Contracts 5

Question 1

A contract manager receives a unilateral change order increasing scope. The contractor must perform but should immediately:

Accepted Answer

Submit a written protest and REA within contractually specified timeframes

Answer

Performing under protest while filing a timely REA preserves the contractor's right to additional compensation without breaching the contract.

Question 2

What is 'constructive acceleration' in contract disputes?

Accepted Answer

When an owner denies a valid time extension and the contractor must finish on the original schedule at increased cost

Answer

Constructive acceleration occurs when an excusable delay is not formally recognized, forcing the contractor to accelerate at its own expense.

Question 3

Which ADR method gives the neutral third party authority to impose a binding decision if the parties cannot settle during the facilitated phase?

Accepted Answer

Med-arb

Answer

In med-arb, the neutral first mediates and, if mediation fails, switches roles to arbitrate and render a binding decision.

Question 4

Under FAR 52.233-1, a contractor's claim against the government must be submitted in writing within how many years of when the claim accrued?

Accepted Answer

6 years

Answer

The Contract Disputes Act imposes a 6-year statute of limitations on claims by both contractors and the government.

Question 5

When a negotiation reaches an impasse, the MOST effective technique to restart progress is to:

Accepted Answer

Introduce a new issue or package previously discussed issues differently

Answer

Reframing or adding new variables changes the negotiation dynamic and can unlock solutions that were not visible before.

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