News & Analysis as of

US Army Corps of Engineers Court of Federal Claims

Gordon Rees Scully Mansukhani

August 2025 Government Contracts Legal Update and Podcast

A comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses contracting with federal and state governments. ...more

Pillsbury Winthrop Shaw Pittman LLP

ASBCA’s FY 2023 Annual Report: Contractor Appeals Are Way Down but Dispositive Motion Activity Is Way Up

The Armed Services Board of Contract Appeals’ 2023 annual report reveals the lowest number of docketed appeals in 40 years, while at the same time the Board deals with the largest number of motions for summary judgment in...more

Morrison & Foerster LLP - Government...

March 2023 Bid Protest Roundup: Review, Self-Certification

This month's bid protest spotlight considers two recent protests. J.E. McAmis Inc. v. U.S. is an important decision by the U.S. Court of Federal Claims concerning the court's lack of authority to review the U.S. Small...more

Davis Wright Tremaine LLP

Takeaways From Marine Industrial Construction LLC v. The United States

The United States Court of Federal Claims, in Marine Industrial Construction LLC v. The United States, No. 15-1189, 2022 WL 497186 (Fed. Cl. Feb. 17, 2022), issued an opinion discussing termination for default, differing site...more

Vinson & Elkins LLP

Court Of Federal Claims Finds CDA Anti-Fraud Provision’s Statute Of Limitations Has A Hard Stop At 6

Vinson & Elkins LLP on

For federal contractors, the Contract Disputes Act (“CDA”)1 can be a double-edged sword. While the CDA allows contractors to assert contractual claims against the Government, the CDA also contains an anti-fraud provision that...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Clean Water Act/Rivers and Harbors Act Permit Denials: U.S. Court of Federal Claims Addresses Taking Issue

The United States Court of Federal Claims (“Court”) addressed in a March 20th opinion a Fifth Amendment takings case. See Lemon Bay Cove, LLC v. United States, No. 17-436L, 2020 WL 1316839. The taking allegedly occurred...more

Davis Wright Tremaine LLP

The Court of Federal Claims Provides Guidance on Differing Site Conditions and Superior Knowledge Claims

A recent case from the Court of Federal Claims provides us instruction on differing site conditions and superior knowledge claims. The case arose out of a maintenance dredging contract issued by the United States Army Corps...more

Davis Wright Tremaine LLP

Nothing Is Set in Stone: COFC Rejects Claim for Breach of the Duty of Good Faith Based on Contractor’s Unreasonable Expectations...

The Court of Federal Claims directed judgment for the Government in a case where nearly thirty percent of the anticipated drilling elevations were incorrect, yet the geotechnical report was clear that the contractor should...more

Pillsbury - Gravel2Gavel Construction & Real...

Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial

On May 24, the U.S. Court of Federal Claims decided one of what may be many cases involving the terrible flooding wrought by Hurricane Harvey in the Houston, TX region. The Court of Federal Claims has divided thousands of...more

Pillsbury Winthrop Shaw Pittman LLP

Corrective Action Catch 22: Court of Federal Claims Holds Agency Action Must Be Rational Even If GAO Protest Decision Was Not.

The United States Court of Federal Claims’ July 15, 2014 decision in RUSH Construction, Inc. v. United States, reflects the unusual circumstance in which the court effectively sat in appellate review of an earlier bid protest...more

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