This article describes briefly the bases of construction contract claims against the United States Government (hereinafter “US Government”) and the procedures for presenting those claims1. It addresses the subject specifically from the perspective of a non-United States contractor performing a contract for an agency of the US Government outside the territorial jurisdiction of the United States, as well as considerations for sub-contractors on such projects. Section II describes the US Government’s position as a contracting party, including the treaties, statutes, regulations, and standard contract terms under which construction services are procured outside the United States. Section III describes typical claims that may arise during the performance of prime contracts, and issues particular to sub-contractor claims against the US Government. Section IV describes the procedures for submitting and prosecuting a claim. Section V discusses the very severe penalties which the US Government can impose if a contractor submits a fraudulent claim.

The US Government is, of course, a sovereign entity. As such, it is totally immune from legal actions from its own citizens, as well as citizens of other