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Armed Services Board of Contract Appeals Contract Disputes Federal Contractors

Davis Wright Tremaine LLP

ASBCA Denies a Service Contractor's Appeal for Additional Labor Costs

The U.S. Armed Services Board of Contract Appeals' recent decision in HD Inc., ASBCA 63794, demonstrates the importance of following the terms of a solicitation when submitting a proposal on federal projects, particularly as...more

Fox Rothschild LLP

Amid Uncertainty, Government Contractors Should Document, Notify, and Escalate Claims

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Government contractors working for the Department of Education (DE), the United States Agency for International Development (USAID), and other agencies like the National Science Foundation (NSF) and Consumer Financial...more

PilieroMazza PLLC

Good News for Pandemic-Related Government Contract Claims: McCarthy HITT – Next NGA West JV

PilieroMazza PLLC on

On December 20, 2023, the Armed Services Board of Contract Appeals (the Board) denied the government’s motion to dismiss pandemic-related claims. In doing so, the Board rejected the government’s arguments alleging that the...more

Fox Rothschild LLP

Recent Cases Give Contractors an Advantage on CDA Claims Jurisdiction

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Federal contractors are winning a safeguard against the government’s practice of moving to dismiss cases brought under the Contract Disputes Act (CDA) for lack of jurisdiction in the late stages of litigation. Recent...more

Wiley Rein LLP

Federal Circuit Holds “Sum Certain” Requirement for CDA Claims Is Not Jurisdictional

Wiley Rein LLP on

WHAT: After previewing earlier this year that it was reconsidering its existing precedent, the Federal Circuit held yesterday that the requirement that contractors state a “sum certain” in claims brought under the Contract...more

Fox Rothschild LLP

CDA Claims: Delay Damages for an Early Finish?

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One of the most common concerns for federal contractors is delay. Projects can fall behind schedule for a variety of reasons that are outside of the contractor’s control (government-directed changes, differing site...more

Blank Rome LLP

Lifecycle of a Claim, Part IV: Contracting Officer’s Final Decision

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Welcome back to our “Lifecycle of a Claim” series. This series explores the Contract Disputes Act claims process, with practical guidance stemming from recent case law every step of the way. Click the subscribe button on this...more

Bradley Arant Boult Cummings LLP

Hell or High Water: Why Contractors Must Understand Contractual Risks

The Armed Services Board of Contract Appeals (“ASBCA”) recently denied a contractor’s claim for additional compensation as the contractor failed to establish its work was constructively suspended or that its contract was...more

Morrison & Foerster LLP - Government...

Challenging Unilateral Definitizations Of Undefinitized Contract Actions: What Is A Claim?

Forty-five years after enactment of the Contract Disputes Act of 1978 (CDA), contractors and agencies still often struggle to identify what is and isn’t a CDA claim—a term the CDA itself does not define. Until the CDA’s...more

Blank Rome LLP

Lifecycle of a Claim, Part III: Submitting a Claim

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Welcome back to our “Lifecycle of a Claim” series. This series explores the Contract Disputes Act (“CDA”) claims process, with practical guidance stemming from recent case law every step of the way. ...more

Cohen Seglias Pallas Greenhall & Furman PC

Recent Decision Highlights the Potential Pitfalls in General Releases

In its recent decision in T.H.R. Enterprises, Inc., the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. T.H.R. Enterprises, Inc. involved an...more

Buchalter

Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs

Buchalter on

Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to...more

Davis Wright Tremaine LLP

Armed Services Board of Contract Appeals Addresses Sum Certain Requirement for Claims Submission

The Armed Services Board of Contract Appeals in ECC International Constructors, LLC (ASBCA No. 59643 November 9, 2021) issued a partial summary judgment order dismissing several of the contractor's claims for lack of a sum...more

Womble Bond Dickinson

Federal Circuit Clarifies When Claims Accrue Under the Contract Disputes Act

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The Contract Disputes Act allows contractors seeking payment of a claim arising from a contract with the federal government six years from the date it accrued to submit the claim to the contracting officer. Failure to do so...more

Husch Blackwell LLP

Mediating Contract Claims And Disputes At The ASBCA

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The Contract Disputes Act establishes the formal process for resolving nearly all claims and disputes that arise under federal government contracts. It is the source of the requirement that contractors certify claims in...more

Davis Wright Tremaine LLP

Armed Services Board of Contract Appeals Addresses Notice Defense and Its Exceptions

In Harry Pepper and Associates, Inc., the Armed Services Board of Contract Appeals addressed three exceptions to the strict enforcement of claim notice requirements in the context of a Government motion for summary judgment...more

Davis Wright Tremaine LLP

Contract Clause for Weather Delays Does Not Override Suspension of Work Clause

In the recent case of Granite Construction Co., ASBCA 62281, the Armed Services Board of Contract Appeals granted partial summary judgment to a contractor that sought delay damages under FAR 52.242-14, Suspension of...more

Stinson - Government Contracting Matters

A Case for Protecting Data Rights – The Boeing Co. v. Secretary of the Air Force

The Government has many rules regarding the protection of data. Government contractors must understand these rules and the importance of timely and properly marking data that they own or develop in performance of a government...more

Bradley Arant Boult Cummings LLP

Government Held Accountable for Delays to Fast Track Design Process

The Armed Services Board of Contract Appeals (the “Board”) recently held the government liable for design delays where the government prematurely required details in design submissions and failed to provide comments on design...more

Stinson - Government Contracting Matters

ASBCA Revisits Email “Signature” and Finds Typed Name Meets the Test

In a departure from its prior precedent, the Armed Services Board of Contract Appeals (ASBCA) recently held in Kamaludin Slyman CSC, ASBCA Nos. 62006, 62007, 62008, that a typed name at the end of an email satisfies the...more

Vinson & Elkins LLP

Federal Circuit Sinks Claim For Submarine Construction Compliance Costs As Untimely Under The CDA

Vinson & Elkins LLP on

Government contractors operate in a constantly changing regulatory environment, and in certain circumstances, a contractor may be contractually entitled to receive a price adjustment when it must comply with a new federal law...more

Stinson - Government Contracting Matters

Government’s Apparent Acquiescence Doesn’t Overcome “Plain” Contract Language

Despite “troubling” government conduct, the Armed Services Board of Contract Appeals (ASBCA) recently denied an appeal arising out of electrical work performed on a $38 million construction project involving the ground-up...more

Stinson - Government Contracting Matters

No Magic Words Required…Contractor Avoids Dismissal of “Claim” Despite No Specific Request for Contracting Officer “Final...

In Hejran Hejrat Co. LTD, v. United States Army Corps of Engineers, No. 2018-2206, 2019 WL 3210172 (Fed. Cir. July 17, 2019), the United States Court of Appeals for the Federal Circuit reversed an Armed Services Board of...more

Davis Wright Tremaine LLP

ASBCA Provides Guidance on CENTCOM Default Termination Decision

In Watts Constructors, LLC, (June 24, 2019), the Armed Services Board of Contract Appeals (ASBCA) provided further guidance on its earlier decision ECC CENTCOM, 18-1 BCA 37,133. ...more

Bradley Arant Boult Cummings LLP

CPARS Evaluations: Are You Stuck with What You Get?

Part 42.15 of the FAR entitles federal contractors to submit comments and receive agency review of an unfavorable performance evaluation in the Contractor Performance Assessment Reporting System (CPARS). If the contractor’s...more

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