Contract Disputes, Armed Services Board of Contract Appeals, Construction Contracts

ABSCA: $1.1 Million Reduction Appropriate For Unapproved Foreign-Flag Vessel Use

Cozen O'Connor on 4/8/2025

On February 26, 2025, the Armed Services Board of Contract Appeals issued a decision allowing the government to reduce a contract by $1.1M due to a contractor’s failure to comply with the mandate to use United States-flag...more

Armed Services Board of Contract Appeals Restrictively Interprets Standard Government Release Language

Davis Wright Tremaine LLP on 2/28/2025

The ASBCA restrictively interpreted standard release language in a government modification. In the Sauer Construction case, ambiguous release language couldn't bar a remediation claim, highlighting the need for clear...more

Hell or High Water: Why Contractors Must Understand Contractual Risks

Bradley Arant Boult Cummings LLP on 5/8/2023

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

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

Buchalter on 6/22/2022

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

Government Held Accountable for Delays to Fast Track Design Process

Bradley Arant Boult Cummings LLP on 12/4/2020

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

"Zone of Reasonableness" Test Prerequisite Addressed by the Federal Circuit

Woods Rogers on 6/12/2020

The so-called “zone of reasonableness” standard has been long applied by federal courts and boards of contract appeals in evaluating contract interpretation when the contract is deemed ambiguous – meaning that it is...more

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

Stinson - Government Contracting Matters on 4/25/2020

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

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