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Armed Services Board of Contract Appeals Contract Disputes Act Contract Disputes

Fox Rothschild LLP

Recent Cases Give Contractors an Advantage on CDA Claims Jurisdiction

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Federal contractors are winning a safeguard against the government’s practice of moving to dismiss cases brought under the Contract Disputes Act (CDA) for lack of jurisdiction in the late stages of litigation. Recent...more

Wiley Rein LLP

Federal Circuit Holds “Sum Certain” Requirement for CDA Claims Is Not Jurisdictional

Wiley Rein LLP on

WHAT: After previewing earlier this year that it was reconsidering its existing precedent, the Federal Circuit held yesterday that the requirement that contractors state a “sum certain” in claims brought under the Contract...more

Fox Rothschild LLP

CDA Claims: Delay Damages for an Early Finish?

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One of the most common concerns for federal contractors is delay. Projects can fall behind schedule for a variety of reasons that are outside of the contractor’s control (government-directed changes, differing site...more

Blank Rome LLP

Lifecycle of a Claim, Part IV: Contracting Officer’s Final Decision

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Welcome back to our “Lifecycle of a Claim” series. This series explores the Contract Disputes Act claims process, with practical guidance stemming from recent case law every step of the way. Click the subscribe button on this...more

Morrison & Foerster LLP - Government...

Challenging Unilateral Definitizations Of Undefinitized Contract Actions: What Is A Claim?

Forty-five years after enactment of the Contract Disputes Act of 1978 (CDA), contractors and agencies still often struggle to identify what is and isn’t a CDA claim—a term the CDA itself does not define. Until the CDA’s...more

Blank Rome LLP

Lifecycle of a Claim, Part III: Submitting a Claim

Blank Rome LLP on

Welcome back to our “Lifecycle of a Claim” series. This series explores the Contract Disputes Act (“CDA”) claims process, with practical guidance stemming from recent case law every step of the way. ...more

Lewis Roca

Federal Circuit Clarifies When Claims Accrue Under the Contract Disputes Act

Lewis Roca on

The Contract Disputes Act allows contractors seeking payment of a claim arising from a contract with the federal government six years from the date it accrued to submit the claim to the contracting officer. Failure to do so...more

Pillsbury Winthrop Shaw Pittman LLP

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

Husch Blackwell LLP

Mediating Contract Claims And Disputes At The ASBCA

Husch Blackwell LLP on

The Contract Disputes Act establishes the formal process for resolving nearly all claims and disputes that arise under federal government contracts. It is the source of the requirement that contractors certify claims in...more

Pillsbury Winthrop Shaw Pittman LLP

ASBCA Takes on Contract Dispute Without Jurisdiction Under the Contract Disputes Act

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

Stinson - Government Contracting Matters

ASBCA Revisits Email “Signature” and Finds Typed Name Meets the Test

In a departure from its prior precedent, the Armed Services Board of Contract Appeals (ASBCA) recently held in Kamaludin Slyman CSC, ASBCA Nos. 62006, 62007, 62008, that a typed name at the end of an email satisfies the...more

Vinson & Elkins LLP

Federal Circuit Sinks Claim For Submarine Construction Compliance Costs As Untimely Under The CDA

Vinson & Elkins LLP on

Government contractors operate in a constantly changing regulatory environment, and in certain circumstances, a contractor may be contractually entitled to receive a price adjustment when it must comply with a new federal law...more

Davis Wright Tremaine LLP

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

Bradley Arant Boult Cummings LLP

CPARS Evaluations: Are You Stuck with What You Get?

Part 42.15 of the FAR entitles federal contractors to submit comments and receive agency review of an unfavorable performance evaluation in the Contractor Performance Assessment Reporting System (CPARS). If the contractor’s...more

Bradley Arant Boult Cummings LLP

For Government Contractors: Unsigned Claim Certification Is an Incurable Defect

In September, the Armed Services Board of Contract Appeals (ASBCA) addressed the certification requirements under the Contract Disputes Act (CDA). A motion to dismiss by the U.S. Government prompted the ASBCA to consider...more

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