Protecting Grantees in the Court of Federal Claims 

If your organization has had a federal grant unlawfully terminated by a federal agency, you have more than likely faced a protracted, frustrating and financially devastating situation. Aside from creating deep uncertainty for your organization and the communities you serve, you might be on the verge of hopelessness. Or, perhaps you just want to move on from your federal grant.

We hear you and you are not alone. You have served your community and done your utmost to deliver on your promises. In return, you have faced unlawful and frustrating behavior from your federal granting agency necessitating the pursuit of administrative and legal remedies.

We are here to help you. While the legal landscape for terminated grants is complex, one of the pathways available to recoup damages from unlawfully terminated grant awards is in the form of monetary damages in the U.S. Court of Federal Claims (COFC). 

This page is designed to break down what the COFC is so you can determine if a COFC claim is the next right step for you and your mission. It also: 

  • Provides clear next steps for grantees seeking assistance;

  • Outlines volunteer opportunities for legal professionals who may be interested in providing pro bono support; and, 

  • Describes the free assistance L4GG provides to get you into COFC!

To learn more about cofc start here. 

  • The COFC is a specialized federal court that handles nearly all monetary claims against the United States government, and it can be helpful to think of it as the nation’s “trial court” for contract disputes with the federal government. 

    When a federal agency awards a grant, that grant has been deemed by the US Supreme Court as , at its core, a legally-binding contract between your organization and the government. If the agency breaks the terms of that contract by unlawfully terminating your grant, the COFC provides a forum to recoup lost funds. While there is still ongoing debate within the federal courts on this issue, it is likely that most grant award disputes will need to be litigated in the COFC. 

  • Recent federal court decisions, following the Supreme Court, have created a frustrating and troubling pattern. In many cases, judges have acknowledged the constitutional and procedural problems with how federal agencies are terminating grants. However, instead of providing meaningful relief (like ordering the grant reinstated), they are coming to the conclusion that the heart of these claims are contractual in nature, and thus that the district court does not have jurisdiction over these claims. Instead, they are directing prime grantees like you to the COFC to pursue a more limited claim for breach of contract. 

  • While we cannot promise any specific outcomes, the remedies usually available at the COFC for successful claims are generally geared to “make you whole” for the financial harm caused by the breach of contract. 

    • What it provides: The sole remedy available in COFC is monetary relief (damages). While limited in the type of remedy, going to COFC could mean recovering the funds your organization was unlawfully deprived of, helping you restore financial stability.

    • What it generally does not provide: The COFC cannot order the federal agency to reinstate or restart your grant, or provide any injunctive relief (preventing the government from interfering with the grant or funds). 

To receive pro bono assistance to help you get into COFC,

start here.

Navigating the COFC can be difficult and expensive to do alone. At L4GG, we firmly believe it should not cost organizations that may already be struggling as a result of the Administration’s actions a fortune to fight for the funds you are legally owed. 

That is why we are launching a clinic to ensure that you have the tools and representation needed to challenge the government and recover your funds. We operate through two complementary components:

  1. Remote Pro Bono Clinic: We provide the essential groundwork to get your case ready for filing in COFC. This includes document preparation, developing a case strategy, and helping you craft a complaint  to enter the Court of Federal Claims.. 

  2. Coordinated Pro Bono Representation: We match terminated grantees with trained, specialized attorneys who are prepared to handle these cases in COFC. This coordinated effort provides you with the high-quality legal representation needed to effectively represent your organization in the Court of Federal Claims without draining your organization’s resources. Phase two of this part also involves an effort to pair you with a direct COFC representative. 

Is the COFC the next step for you?

If you’ve experienced an unlawful grant termination, now is the time to take action.

For Grantees: 

  • If you are interested in learning more about COFC, or are potentially interested in bringing a COFC claim, please e-mail our team at: FPC@l4gg.org. 

For Attorneys: 

  • If you are an attorney interested in providing pro bono assistance to support these critical cases, please  complete this volunteer form. 

Other Questions?

  • For all other questions or concerns, please reach out to our Program Coordinator, Ty Douglass, at ty@l4gg.org 

Please note: this information is provided for educational purposes only and should not be construed as legal advice. Unless we have signed a retention letter with your entity directly, Lawyers for Good Government (L4GG) is not providing your entity with specifically tailored legal assistance. We recommend that you speak directly with your in-house or outside counsel to obtain guidance on your specific matter. L4GG will continue to provide best practices general guidance as the legal landscape evolves.