Certifying a FAR Contract Claim: Questions for the Prime GC

By QuickBidSetup Editorial Team · Published October 30, 2026 · Sources linked below

When changes, delays, or disruptions escalate beyond standard negotiations on a federal construction job, trade contractors frequently must seek payment through the prime contractor. Passing cost adjustments upward requires following strict federal acquisition standards. If your pricing adjustments for differing site conditions or unresolved work orders turn into a formal demand, you must verify how the prime general contractor handles the submission. Here is a practical guide detailing the essential questions trade contractors must ask the general contractor concerning federal claim initiation and certification.

Has the Written Claim Been Submitted Within the Required Six-Year Window?

Before assembling large binders of payroll records and material invoices, trade contractors must confirm the schedule rules governing dispute submittals. Under FAR 33.206, contractor claims shall be submitted, in writing, to the contracting officer for a decision within 6 years after accrual of a claim, unless the contracting parties agreed to a shorter time period.

Ask the general contractor whether the prime contract contains terms that shorten this 6-year period. You should also confirm that the general contractor obtains clear confirmation of delivery, as the contracting officer shall document the contract file with evidence of the date of receipt of any contractor submission deemed to be a claim. Note that this 6-year time period does not apply to contracts awarded prior to October 1,1995. Furthermore, the contracting officer shall issue a written decision on any Government claim against a contractor within 6 years after accrual of the claim (unless a shorter time period was agreed upon), though this limit does not apply to contracts awarded prior to October 1,1995, or to a Government claim based on a contractor claim involving fraud.

Does the Combined Cost Adjustment Exceed the $100,000 Certification Threshold?

A central question for any trade contractor is whether the formal submission requires certification. According to FAR 33.207, contractors shall provide the formal certification when submitting any claim exceeding $100,000. When your request approaches this figure, ask the general contractor how additive and deductive modifications are being calculated.

Under FAR 33.207(d), the aggregate amount of both increased and decreased costs shall be used in determining when the dollar thresholds requiring certification are met. The regulation points directly to the example in 15.403-4(a)(1)(iii) regarding certified cost or pricing data. If your team is submitting costs for extra metal stud framing while crediting omitted drywall scope, both the increases and the decreases combine to determine whether your total adjustment exceeds $100,000.

Is the Matter a Formal Claim or Still an Issue in Controversy?

Subcontractors frequently supply cost sheets during ongoing jobsite debates without intending to trigger formal dispute procedures. You should ask the general contractor whether your submitted documentation is being filed as an actual claim or kept as an informal discussion item. Under FAR 33.207 paragraph (b), the certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. If negotiations on pricing change orders remain open, certification is not yet mandated by federal regulations until the matter is officially submitted as a claim.

Does the Certification Match the Exact Required Language?

When certification is required because the claim exceeds $100,000, trade contractors must ensure the statement strictly mirrors the federal wording. Ask the general contractor to verify that their submission incorporates the precise four-part statement mandated by FAR 33.207(c). The certification shall state as follows:

"I certify that the claim is made in good faith;"
"that the supporting data are accurate and complete"
"to the best of my knowledge and belief;"
"that the amount requested accurately reflects the contract adjustment"
"for which the contractor believes the Government is liable;"
"and that I am duly authorized to certify"
"the claim on behalf of the contractor."

Modifying, softening, or omitting any of these mandatory elements creates noncompliance that can complicate review before the contracting officer.

Who Has the Legal Authority to Execute the Document?

Another crucial inquiry for the prime contractor is determining who will sign the document. Under FAR 33.207(e), the certification may be executed by any person authorized to bind the contractor with respect to the claim. When trade contractors provide underlying claim packages to a general contractor, both parties must ensure that the individuals executing the certifications possess formal authority to legally bind their respective organizations.

How Will a Defective Certification Be Handled if Challenged?

Contractors often worry that a technical error in certification will permanently dismiss their claim. Ask the general contractor how their legal team handles potential certification defects. Under FAR 33.207(f), a defective certification shall not deprive a court or an agency BCA of jurisdiction over that claim. However, prior to the entry of a final judgment by a court or a decision by an agency BCA, the court or agency BCA shall require a defective certification to be corrected. Correcting errors early prevents avoidable administrative delays.

Sources

Published October 30, 2026. No affiliate links on this page. Facts come from the sources linked above; check them for updates.