FAR 52.233-1 — Disputes
The Disputes clause implements the Contract Disputes Act, defining how you formally assert a claim and appeal an unfavorable decision. Knowing the mechanics protects entitlements you have already earned.
- Clause
- FAR 52.233-1
- Applies to
- All contracts
- Flows down to subs
- No
- Primary risk
- Missed claim deadlines
Key takeaways
- Read the clause as incorporated in your contract — tailoring and alternates change obligations.
- Flowdown obligations are your responsibility; a noncompliant subcontractor is your problem.
- Document compliance contemporaneously; after-the-fact reconstruction rarely satisfies auditors.
- When a clause is unclear, ask the contracting officer in writing before award, not after.
What the clause requires
Claims must be submitted in writing to the contracting officer within six years of accrual, and claims over $100,000 require certification. The contracting officer issues a final decision, which you may appeal to a board of contract appeals within 90 days or the Court of Federal Claims within 12 months.
How to comply in practice
Distinguish requests for equitable adjustment from certified claims, and preserve the documentation trail as events occur. Continue performing during a dispute unless properly directed otherwise, because stopping work creates default risk.
Common mistakes
Contractors lose valid entitlements by negotiating informally past the appeal deadline, or by failing to certify a claim over the threshold. Both are procedural defeats on otherwise winnable positions.
FAQ
When must I certify a claim?
When the claim exceeds $100,000, using the certification language in the clause.
Do I keep working during a dispute?
Yes, you must continue performance pending resolution unless directed otherwise.
How long do I have to appeal?
90 days to a board of contract appeals or 12 months to the Court of Federal Claims from the final decision.
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