In Panther Brands, LLC v. The United States, No. 16-1157C (December 17, 2019), the Court of Federal Claims addressed the elements of an implied-in-fact contract in the context of a motion for summary judgment dismissal of the...more
In AMEC Foster Wheeler Environmental & Infrastructure, Inc., CBCA 5168, 6298 (November 13, 2019), the Civilian Board of Contract Appeals rejected in large part a federal contractor’s claims due to inconsistencies between the...more
In Kudsk Construction Inc. v. The United States, No. 18-1032C (August 30, 2019), the Court of Federal Claims addressed damages in the context of a delayed notice to proceed and addressed the Christian doctrine in the context...more
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
A recent case from the Court of Federal Claims provides us instruction on the factors that the government should consider in determining whether to terminate a construction contract for default. This case provides a detailed...more
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
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
A recent case from the Court of Federal Claims provides us with a useful summary of several legal principles applicable to constructive changes and cardinal changes. The case arose out of a contract to supply mail processing...more
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
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
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
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
The second significant recent ASBCA decision on liquidated damages is American International Contractors, Inc. (May 29, 2018). In that case, the contractor did not complete the original contract work on time and was assessed...more
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
A recent decision by the Civilian Board of Contract Appeals rejected the Government’s attempt to stay an appeal seeking recovery for delay damages “until the project is complete.” In CTA I, LLC v. Department of Veterans...more
A recent decision by the Civilian Board of Contract Appeals reminds us that all findings of fact made by a court are not created equal, at least insofar as they are applied in a subsequent proceeding. In VSE Corporation v...more
A recent decision by the United States Court of Federal Claims reminds us how important the Government’s estimated quantities are, even in a fixed price contract. In Agility Defense & Government Services, Inc. v United States...more
This past Tuesday, Margaret Cho, an Officer of Far East Construction Company, pleaded guilty to conspiring to commit wire fraud. Ms. Cho also agreed to pay a forfeiture in the amount of $169,166 and a criminal fine in the...more
In 2015, the Alaska Department of Transportation and Public Facilities significantly amended the claims provision of its Standard Specifications—105-1.17. The amendments incorporate language from the standard conditions...more