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
The U.S. Court of Appeals for the Federal Circuit broke with earlier precedent and held that the sum certain requirement imposed on contractors is not jurisdictional and therefore cannot be grounds for dismissal late in the...more
The Armed Services Board of Contract Appeals’ 2022 annual report provides information of significant interest to the contractor community, but a closer look raises many questions....more
When government agencies threaten termination for default, applicable regulations offer strategies and defenses to help contractors protect their interests.
Because of the dire consequences that follow default...more
Contractors docketed only 364 new appeals during FY 2021.
The Board issued an advisory opinion for the first time in its 14-year history.
The Board plans to offer the option to conduct hearings and ADR proceedings...more
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
The Armed Services Board of Contract Appeals released its fiscal year 2020 Annual Report, which offers valuable statistics for contractors to consider.
Contractors filed 497 appeals in FY 2020 (compared with 418 filed in...more
Court of Federal Claims rules that the government “constructively” terminated a contractor for convenience when it did not order the quantities specified in the contract.
The “constructive termination for convenience”...more
The ASBCA’s FY2017 Annual Report reveals interesting facts and trends for contractors deciding whether to litigate at the Board or the Court.
The ASBCA’s 2017 annual report offers some revealing statistics concerning the...more
Sixth Circuit awards attorneys’ fees to False Claims Act defendant against the U.S. government in case involving underpayment of Davis-Bacon Act wages. ...more
9/21/2017
/ Abuse of Discretion ,
Appeals ,
Attorney's Fees ,
Chilling Effect ,
Damages ,
Davis-Bacon Act ,
Equal Access to Justice Act ,
False Claims Act (FCA) ,
Federal Contractors ,
Treble Damages ,
Underpayment