A claim on a federal construction contract is made in writing and submitted to the Contracting Officer within 6 years after accrual Acquisition.gov (GSA, Federal Acquisition Regulation). This 6-year window is the primary deadline for filing a written demand for payment or a dispute resolution under the standard disputes clause. The rule applies to claims by the Contractor, requiring a formal written submission rather than an oral request. The time limit begins when the claim accrues. If your contract specifies a different period, that stated period controls instead of the 6-year standard. For small general-contracting firms, this deadline defines the outer boundary for pursuing unpaid invoices or change orders through the federal claims process. You must ensure your written submission reaches the Contracting Officer before this window closes to maintain eligibility for a written decision. The requirement for a written decision from the Contracting Officer is part of this submission process. Keep your records of the accrual date clear to track this 6-year limit accurately.
Key takeaways for what deadlines and certification rules apply when a contractor files a claim or demands payment on a federal construction contract?
- 6-year claim window: A claim must be made in writing and submitted to the Contracting Officer within 6 years after accrual, unless the contract states otherwise, according to Acquisition.gov (GSA, Federal Acquisition Regulation).
- $100,000 certification line: Contractors must provide a specific certification when submitting any claim exceeding $100,000, as required by Acquisition.gov (GSA, Federal Acquisition Regulation).
- 60-day decision: For claims of $100,000 or less, the Contracting Officer must render a decision within 60 days if the contractor requests it in writing, according to Acquisition.gov (GSA, Federal Acquisition Regulation).
- 7-day sub payment: The prompt payment clause obligates the contractor to pay the subcontractor for satisfactory performance not later than 7 days after receiving payment, out of amounts paid to the contractor under the contract, according to Acquisition.gov (FAR Council).
- 40-day penalty demand: A written demand for additional penalty payment must be postmarked not later than 40 days after the date the invoice amount is paid, according to Acquisition.gov (FAR Council).
Federal claim deadlines: the short answer
The 6-year submission deadline is the core rule for federal construction claims, requiring written notice to the Contracting Officer. This period starts when the claim accrues. Unless your specific contract text states a different timeframe, this 6-year limit applies to all contractor claims for additional payment or dispute resolution. You must submit the claim in writing to trigger the Contracting Officer’s obligation to provide a written decision. The accrual date is critical because it starts the clock for this 6-year window. If you miss this deadline, you may lose the right to pursue the claim through the standard federal disputes process. The rule does not depend on the dollar amount of the claim for the initial submission deadline. It applies to any written demand by the Contractor that meets the definition of a claim. Your contract’s disputes clause governs this process, so review that section for any specific modifications to the standard 6-year period.
Who the disputes clause covers and what is not a claim
A routine voucher or invoice is not a claim when it is submitted without dispute, according to Acquisition.gov (GSA, Federal Acquisition Regulation). This rule applies to routine requests for payment that are not in dispute at the time of submission. You should check your unpaid invoices to see if they were submitted without any dispute regarding liability or amount. If the government has not acted on the invoice in a reasonable time, the status may change.
A submission can become a claim if it is disputed as to liability or amount, or if it is not acted upon in a reasonable time. To convert the submission into a claim, you must comply with the submission and certification requirements of the clause. This conversion process applies when the routine request for payment is no longer treated as a simple invoice. You need to determine if your unpaid invoice has been disputed or left unaddressed for a reasonable period. If so, you must follow the certification rules for claims over the specified threshold.
Keep records of the date you submitted each invoice and any correspondence regarding disputes. This helps you determine if the invoice has been acted upon in a reasonable time. If the government disputes the amount or liability, the invoice is no longer routine. If you convert it, follow the submission and certification requirements. If you are unsure whether your invoice is disputed, review the government’s responses for any indication of disagreement with the amount or liability.
The 6-year window and the $100,000 certification line
A claim by the contractor must be made in writing and submitted to the Contracting Officer for a written decision. Unless the contract states otherwise, this submission is due within 6 years after the claim accrues, according to Acquisition.gov (GSA, Federal Acquisition Regulation). The contract language explicitly allows for a different timeframe if specified in the agreement itself.
When the amount sought exceeds $100,000, the contractor must provide a specific certification with the claim, as required by the Federal Acquisition Regulation clause on Acquisition.gov (GSA, Federal Acquisition Regulation). This certification requirement applies strictly to claims above that dollar threshold. A written demand or assertion seeking payment of money exceeding $100,000 is not considered a claim under 41 U.S.C chapter 71 until it is certified.
The certification may be executed by any person authorized to bind the contractor with respect to the claim. This authority requirement ensures that the individual signing has the legal capacity to commit the firm to the dispute resolution process. You should verify who holds this binding authority before signing any demand over the $100,000 line. Keep the written demand and the certification together in your project file.
Contracting officer decision timing and interest start
For contractor claims of $100,000 or less, the Contracting Officer must render a decision within 60 days if you request it in writing, according to Acquisition.gov. When you submit a certified claim over $100,000, the Contracting Officer must decide the claim or notify you of the date by which the decision will be made within 60 days.
Interest on the amount found due and unpaid starts from the date the Contracting Officer receives your claim, or the date payment otherwise would be due if that date is later, until the date of payment. You should note the exact date the Contracting Officer receives your claim to track when this interest period begins.
Illustrative example: counting the 40-day window
Suppose the government pays an invoice, and your firm sends a written demand for additional penalty payment. If the demand is postmarked on day 40 after payment, it falls within the window. If it is postmarked after day 40, it does not. For a claim of $100,000 or less, a written request starts the 60-day decision clock. Count the days from the dates in your own records, and keep the postmark and any certification with the file.
Federal claim reference table: publishers, limits and records
Use this table to verify deadlines and limits against your contract.
| Rule | Deadline or Limit | Publisher | Key Record |
|---|---|---|---|
| 6-year claim window | 6 years after accrual | Acquisition.gov (GSA, Federal Acquisition Regulation) | Written claim |
| $100,000 certification line | Exceeding $100,000 | Acquisition.gov (GSA, Federal Acquisition Regulation) | Certification |
| 60-day decision | 60 days of the contractor’s written request, for claims of $100,000 or less | Acquisition.gov (GSA, Federal Acquisition Regulation) | Written request |
| Routine invoice exception | Not in dispute | Acquisition.gov (GSA, Federal Acquisition Regulation) | Voucher or invoice |
| 7-day sub payment | 7 days after receiving government payment, for satisfactory subcontract performance | Acquisition.gov (FAR Council) | Payment date |
| 40-day penalty demand | 40 days after payment | Acquisition.gov (FAR Council) | Postmarked demand |
Records to keep: written demands, certifications and payment dates
Track the date you receive payment from the Government to start the 7-day clock for subcontractor payments. The prompt payment clause requires you to pay the subcontractor for satisfactory performance within 7 days after you receive payment, out of amounts paid to the contractor under the contract Acquisition.gov (FAR Council). Log the postmark date on any written demand for additional penalty payment, which must be postmarked within 40 days after the invoice amount is paid Acquisition.gov (FAR Council). If the designated payment office does not make the required annotation, the Government determines the demand’s validity based on the date you placed on the demand, provided that date is no later than the 40th day after payment was made Acquisition.gov (FAR Council). Note that the prompt payment regulations do not require the Government to pay interest penalties if payment delays are due to disagreement over the payment amount or other issues involving contract compliance Acquisition.gov (FAR Council).
Keep a separate file for each subcontractor showing the date of satisfactory performance and the date you issued payment. Record the specific invoice amount and the date it was paid to establish the 40-day window for penalty demands. Save copies of all written demands with their postmark dates visible. If a dispute arises over the payment amount, document the disagreement clearly, as interest penalties may not apply to amounts withheld due to such disputes. Today, open your last unpaid pay application and mark each invoice as routine or disputed.
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FAQ: federal claim deadlines on your own contract
What are the federal claim deadlines for a contractor?
A written claim must be submitted to the Contracting Officer within 6 years after the claim accrues, unless the contract states a different period Acquisition.gov (GSA, Federal Acquisition Regulation). This window applies to contractor claims under the disputes clause.
Does a routine invoice count as a claim?
A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C chapter 71 Acquisition.gov (GSA, Federal Acquisition Regulation). It can become a claim if it is disputed or not acted on in a reasonable time and the contractor meets submission and certification requirements.
Who can sign the certification for a claim over $100,000?
The certification may be executed by any person authorized to bind the Contractor with respect to the claim Acquisition.gov (GSA, Federal Acquisition Regulation). The signature must come from someone with that specific authority.
When must the contracting officer decide a claim?
For contractor claims of $100,000 or less, the Contracting Officer must render a decision within 60 days of a written request from the contractor Acquisition.gov (GSA, Federal Acquisition Regulation). Certified claims over $100,000 also require a decision or a decision date within 60 days.
Does Ohio’s settlement and dispute-location rule apply to my federal contract?
The quoted Ohio text does not settle whether it applies to a federal contract. Ohio’s rule covers settlement agreements and dispute location for Ohio construction contracts Ohio Laws and Administrative Rules (Legislative Service Commission).