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Davis Wright Tremaine LLP

Not To Be Heard: CBCA Dismisses a Contractor's Appeal of a Termination for Convenience for Lack of Jurisdiction

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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

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

McDermott Will & Schulte

Head East: Contract Disputes Act Claims Must Be Filed in DC

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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

Seyfarth Shaw LLP

Federal Circuit Nullifies Sum Certain Contract Disputes Act Jurisdictional Defense

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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

Wiley Rein LLP

Federal Circuit Reconsiders What Is Jurisdictional: Will It Level the Playing Field in CDA Disputes?

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WHAT: On May 5, 2023, the United States Court of Appeals for the Federal Circuit questioned its previous understanding that the requirement to state a “sum certain” as part of any monetary claim under the Contract Disputes...more

Fox Rothschild LLP

Contractor vs. Government Controversies Not Subject to the CDA

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The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more

Fox Rothschild LLP

Practical Litigation Strategies for CDA Claims

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This is the third of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to recover...more

McCarter & English, LLP

Government Contractors Can Learn From Yogi Berra: Failure to Follow Correct Claim Submission Procedures Results in Jurisdictional...

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The late, great Yogi Berra once said that “Baseball is 90 percent mental. The other half is physical.” Sometimes it seems as if Yogi’s logic is equally applicable to the claims process in the world of Government contracting,...more

McCarter & English, LLP

Litigating Against the Government? Recent Decision Regarding Claim Certification Dispute Proves That Forrest Gump's Mama Was Right...

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Forrest Gump’s mama was a brilliant woman. As anyone who watched the 1994 Academy Award-winning classic can confirm, Mrs. Gump’s advice to her son provided an indispensable well of wisdom from which Forrest often drew to...more

Perkins Coie

How Subcontractors Can Protect Themselves Following Binghamton Simulator

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Subcontractors often play important roles in government contracting. A subcontractor may, for example, take the lead in drafting what becomes a winning proposal. A subcontractor may work on a day-to-day basis with...more

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