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 “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 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
Agency agreements with the ASBCA allow the Board to adjudicate contract disputes outside the purview of the Contract Disputes Act.
The ASBCA can take jurisdiction over contract disputes pursuant to agency agreements with...more
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
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
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