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ASBCA Allows Contractor To Recover for "Constructive" VECP

On May 9, 2024, the Armed Services Board of Contract Appeals ("ASBCA" or "Board") allowed a contractor to recover for a "constructive" value engineering change proposal ("VECP"). In Appeal of Herman JCG Co. JV, ASBCA No....more

What Constitutes a Reasonable Period of Time Under the Suspension-of-Work Clause?

In Granite Construction Company, ASBCA No. 62281 (November 1, 2023), the Armed Services Board of Contract Appeals ("Board") addressed the issue of what constitutes a reasonable period of time to suspend work under the...more

ASBCA Provides Guidance on How Deductive Changes Should Be Priced

In Appeal of Derian, Inc., ASBCA No. 62957 (August 25, 2023), the Armed Services Board of Contract Appeals provided detailed guidance on how to price a deductive change order and what evidence should be utilized to establish...more

Armed Services Board of Contract Appeals Addresses Sovereign Immunity in Context of COVID-Related Cost Claims

In JE Dunn Construction Company (ASBCA No. 62936 April 25, 2022) the Armed Services Board of Contract Appeals took up the issue of whether the sovereign acts doctrine barred a contractor's claim for additional costs arising...more

Armed Services Board of Contract Appeals Addresses Sum Certain Requirement for Claims Submission

The Armed Services Board of Contract Appeals in ECC International Constructors, LLC (ASBCA No. 59643 November 9, 2021) issued a partial summary judgment order dismissing several of the contractor's claims for lack of a sum...more

ASBCA - Constructive Acceleration & Structural Steel Submittals

The Armed Services Board of Contract Appeals in September 2021 issued a partial summary judgment order dismissing a contractor's constructive acceleration claim asserting that the Government had not timely reviewed its steel...more

ASBCA Addresses Claim for Additional Costs Relating to Removal of Non-Specified Pipe

In Sauer, Inc. (September 29, 2021), the Armed Services Board of Contract Appeals discussed the limits of authority that a Government representative had to utilize substitute materials in lieu of materials specified in a task...more

ASBCA Exercises Jurisdiction Over Contractor Claim Despite Government's Allegations of Fraud

In Nauset Construction Corporation,1 the Armed Service Board of Contract Appeals once again addressed how Government allegations of fraud impact the Board's ability to hear a claim....more

ASBCA Addresses Contractor's Burden in Submitting "or Equal" Product

In Carothers Construction, Inc., the Armed Services Board of Contract Appeals discussed the contractor's burden in submitting an "or equal" product. The contract incorporated FAR 52.336-5, Material and Workmanship, which...more

Armed Services Board of Contract Appeals Addresses Notice Defense and Its Exceptions

In Harry Pepper and Associates, Inc., the Armed Services Board of Contract Appeals addressed three exceptions to the strict enforcement of claim notice requirements in the context of a Government motion for summary judgment...more

ASBCA Provides Limits on Application of Severin Doctrine

In JAAAT Technical Services, LLC, the Armed Services Board of Contract Appeals (ASBCA) addressed the breadth of application of the Severin doctrine, which restricts a prime contractor's ability to file claims on behalf of a...more

ASBCA Provides Guidance on CENTCOM Default Termination Decision

In Watts Constructors, LLC, (June 24, 2019), the Armed Services Board of Contract Appeals (ASBCA) provided further guidance on its earlier decision ECC CENTCOM, 18-1 BCA 37,133. ...more

Buyer Beware—The Risks of Settling a Subcontractor Claim

A recent case from the Armed Services Board of Contract Appeals provides us with a reminder of what can happen to a prime contractor when it settles a subcontractor claim and then seeks to pass through the settlement amount...more

The ASBCA Imposes Conditions on Raising Excusable Delay as an Affirmative Defense to Default Termination

A recent decision by the Armed Services Board of Contract Appeals underscores the importance of timely filing a certified claim for excusable delay, and the risks of failing to do so. In ECC CENTCOM Constructors, Inc....more

Lock ‘Em Up or Lose ‘Em — The Importance of Early Execution of Key Subcontracts

A recent decision by the Armed Services Board of Contract Appeals reminds us of the importance of obtaining commitments from your key subcontractors after award....more

The Importance of Modifications and Schedule Updates When Faced with a Termination for Default

A recent decision by the Armed Services Board of Contract Appeals reminds us of the significance of release language in a modification, this time in the context of a contractor seeking to overturn a termination for default of...more

Overturning a Termination for Cause

A recent decision by the Armed Services Board of Contract Appeals provides guidance on overturning a termination for cause of a supply contract. In AEY, Inc. (June 22, 2018), the ASBCA in large part overturned the...more

Time is Money—Recent Decisions on Liquidated Damages

A recent decision by the Armed Services Board of Contract Appeals reminds us how important it is to remember to ask for time as well as money when pursuing claims against the government....more

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