News & Analysis as of

Contract Disputes Act Board of Contract Appeals

Fox Rothschild LLP

Lesson Learned: Board Holds that Only the Contracting Officer Can Bind the Government

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Most government contracts include a Changes clause (notably, FAR 52.243-1), which grants the Government the right to order changes to the scope of the contractor’s work. That clause also entitles the contractor to an...more

Cozen O'Connor

How the End of Chevron Deference Could Impact Government Contractors

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On June 28, 2024, the Supreme Court of the United States (SCOTUS) issued its decision in Loper Bright Enterprises v. Raimondo, which put an end to Chevron Deference. Chevron Deference was a doctrine that required courts to...more

Wiley Rein LLP

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

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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

Pillsbury Winthrop Shaw Pittman LLP

Time’s Up!: The Court Rejects the Government’s Request for a Longer Limitations Period Applicable to Fraud Counterclaims

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

Pillsbury Winthrop Shaw Pittman LLP

ASBCA Confirms the “Goldilocks Principle” in Government Contract Appeals

A letter from the contracting officer unequivocally directing the contractor to exclude specific costs from its cost submissions as unallowable may not be an appealable final decision. Contractors should seek...more

Pillsbury Winthrop Shaw Pittman LLP

Civilian Board of Contract Appeals Releases Fiscal Year 2020 Annual Report

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

PilieroMazza PLLC

BLOG: Could You Be the Target of a Government Claim?

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Most contractors know that they may submit a claim under the Contract Disputes Act (CDA) if a problem arises during performance. However, many contractors are not aware that the government also has the ability to bring a...more

PilieroMazza PLLC

The Contracting Officer Denied My Claim: Is It Time to Appeal?

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The Contract Disputes Act (“CDA”) was intended to provide a straightforward process for contractors to resolve disputes that occur under a government contract. In short, a contractor may initiate a dispute by submitting a...more

Holland & Knight LLP

CBCA Issues New Rules of Procedures

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On Aug. 17, 2018, the Civilian Board of Contract Appeals (CBCA) published a final rule amending its rules of procedures which will be effective for cases filed with the board on or after Sept. 17, 2018. The CBCA's current...more

Fox Rothschild LLP

Contractors Need Not Wait To Pursue Delay Claims

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Do contractors need to wait for a project to be complete to file a delay claim? The answer is a resounding NO! There is no reason for a contractor to finance a government-caused delay for any longer than absolutely necessary....more

Morrison & Foerster LLP - Government...

Significant Government Contract Litigation: A Year in Review

Last year provided a number of important claims and cases that further developed various aspects of litigation regarding the Contract Disputes Act (CDA). The major issues raised in some of the more notable claims include...more

McCarter & English, LLP

Litigating Against the Government? Recent Decision Regarding Claim Certification Dispute Proves That Forrest Gump's Mama Was Right...

Forrest Gump’s mama was a brilliant woman. As anyone who watched the 1994 Academy Award-winning classic can confirm, Mrs. Gump’s advice to her son provided an indispensable well of wisdom from which Forrest often drew to...more

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