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ASBCA’s FY 2021 Annual Report Details Informative Statistics that Can Guide Potential Contract Disputes Act Claimants

The “new normal” at the ASBCA has produced some interesting results for contractors to consider as they formulate and advance contract claims. The Board docketed a near record low number of new appeals during FY 2021....more

Time’s Up!: The Court Rejects the Government’s Request for a Longer Limitations Period Applicable to Fraud Counterclaims

The government has six years to obtain a court’s determination on fraud counterclaims, and the clock begins to run when the alleged fraud occurs. The Court of Federal Claims must determine liability on government...more

Civilian Board of Contract Appeals Releases Fiscal Year 2020 Annual Report

The Board reported that it upgraded its technology to account for pandemic-related challenges, resolved more matters than it docketed during the fiscal year, and that parties have continued to avail themselves of the Board’s...more

Privilege Logs in Contract Disputes Act Litigation: An Equal Obligation for Both Parties

A recent decision from the Civilian Board of Contract Appeals highlights that the Board will demand sufficiently detailed privilege logs from both agency and contractor litigants. Contractors and agencies must prepare...more

Federal Circuit Revives Key Case Addressing Contractor’s Ability to Include Offsets in Measurement of CAS Change Impacts

Case remanded to Court of Federal Claims to clarify whether CAS Impact Calculation involving multiple unilateral changes may include contractor “offsets” Federal Circuit revives the question of whether the FAR 33.606...more

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