News & Analysis as of

Armed Services Board of Contract Appeals Sovereign Immunity

Seyfarth Shaw LLP

Don’t Leave Me Twisting in the Wind: ASBCA Paves Way for Potential Subcontractor Recovery for Pandemic-Related Claims

Seyfarth Shaw LLP on

In a significant ruling, the Armed Services Board of Contract Appeals "(Board)" denied a government motion to dismiss claims from McCarthy HITT - Next NGA West JV, a joint venture under contract with the US Army Corps of...more

Morrison & Foerster LLP - Government...

Contracting In The Fog Of War: Recovering Costs Related To COVID-19

Like the COVID-19 virus, COVID-related contract claims have not gone away. In “Contracting in the Fog of War: Recovering Costs Caused by an Epidemic,” we reported on Pernix Serka Joint Venture v. Department of State, CBCA...more

Husch Blackwell LLP

ASBCA Finds COVID Mitigation is a Sovereign Act

Husch Blackwell LLP on

Unlike private parties in a contract, the government has several unique rights that allows it to avoid its contractual obligations in certain circumstances. We have written about the government’s right to terminate contracts...more

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