Government Contract Claims: Top 10 Things to Know About the Contract Disputes Act
Making Effective Use of the Claims/Disputes Process
CPARS From A to Z
Under the President’s Executive Order 14275: Restoring Common Sense to Federal Procurement, the government is undertaking a comprehensive overhaul of the Federal Acquisition Regulation (FAR). ...more
Our law firm secured an entitlement ruling for a dredging contractor in a $5.7 million claim against the U.S. Army Corps of Engineers. The Armed Services Board of Contract Appeals (ASBCA) ruled that the government withheld...more
Government contractors, particularly small business contractors, often share that their experience with Alternative Dispute Resolution (ADR) is costly and inefficient. This may be true of traditional ADR involving paid...more
In CAN Softtech Inc. v. United States, U.S. Court of Federal Claims, No. 24-1009C, July 29, 2025, CAN Softtech Inc. (CSI) protested the General Services Administration’s decision to cancel its award for IT support services...more
Gordon Rees Scully Mansukhani presents the latest insights from our Government Contracts group, offering a comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses...more
Federal contractors understandably associate litigation at the Court of Federal Claims (COFC) with recovering monetary damages. Appealing denied claims to the COFC (along with the Boards of Contract Appeals) is the exclusive...more
At a time when government agencies are terminating contracts for convenience at an increasingly high rate, a recent decision by the U.S. Civilian Board of Contract Appeals in Blankson v. Agency for International Development,...more
The Department of Government Efficiency’s (“DOGE”) scrutiny of federal contracts has resulted in a spike in notices of termination for convenience. Given DOGE’s broad mandate to reduce federal spending, we expect a sustained...more
In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for successfully navigating the contract claims process under federal procurement...more
In honor of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for government contractors to ensure compliance with the Federal Acquisition Regulation (FAR) cost...more
When the Government is in a contract, it cannot just stop making payments. This is the general rule whether the contract is a procurement, grant, or cooperative agreement. Rather, the Government’s continued non-payment is...more
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
The Civilian Board of Contract Appeals (CBCA) recently posted its Annual Report for Fiscal Year 2024 (Report). In Fiscal Year 24 (FY24), Contract Disputes Act (CDA) appeals were down, while Alternative Dispute Resolution...more
Most government contracts include a Changes clause (notably, FAR 52.243-1), which grants the Government the right to order changes to the scope of the contractor’s work. That clause also entitles the contractor to an...more
Claims Updates - Associated Energy Group, LLC v. The United States and Kropp Holdings, Inc., No. 23-20 47 (July 2, 2024) - Associated Energy Group, LLC (AEG) challenged the award by Defense Logistics Agency (DLA) for a...more
On June 28, 2024, the Supreme Court of the United States (SCOTUS) issued its decision in Loper Bright Enterprises v. Raimondo, which put an end to Chevron Deference. Chevron Deference was a doctrine that required courts to...more
The Court of Appeals for the Federal Circuit (CAFC) continues to redefine the Court of Federal Claims’ (COFC) ability to hear cases affecting all stages of the federal procurement process....more
Federal Circuit Docket - Percipient.ai, Inc. v. United States, Fed. Cir. No. 2023-1970 (Jun. 7, 2024) - In a highly anticipated bid protest opinion, a divided merits panel of Federal Circuit judges reversed the Court of...more
A decision by the U.S. Civilian Board of Contract Appeals (the "Board" or "CBCA") in BES Design/Build, LLC v. General Services Administration, CBCA 7587 (April 6, 2023), further defines what it means to submit a "timely"...more
WHAT: In Aviation Training Consulting, LLC, the Armed Services Board of Contract Appeals (ASBCA) held that it had jurisdiction to hear the contractor’s claim for increased costs to keep its workforce in a ready state during...more
The Civilian Board of Contract Appeals (CBCA) recently published its annual report, providing key statistics on cases filed at and adjudicated by the CBCA in Fiscal Year (FY) 2023. Of note, the CBCA found in favor of the...more
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
Department of Transportation v. Eagle Peak Rock & Paving, Inc., concerns a $35 million contract that the U.S. Department of Transportation Highway Administration ("FHWA") awarded to Eagle Peak Rock & Paving, Inc. ("Eagle...more
The US Court of Appeals for the Ninth Circuit concluded that the Contract Disputes Act (CDA) “impliedly forbids” federal contractors from bringing most trade secret misappropriation claims against federal agencies in district...more
In ECC Int’l Constructors, LLC v. Sec’y of Army, No. 2021-2323, 2023 WL 5355302 (Fed. Cir. Aug. 22, 2023), the U.S. Court of Appeals for the Federal Circuit considered whether the Federal Acquisition Regulation (“FAR”)...more