News & Analysis as of

Federal Acquisition Regulations (FAR) Contract Disputes

Miles & Stockbridge P.C.

Federal Circuit Expands What It Means to be an ‘Interested Party’ to Bring Bid Protest

The Court of Appeals for the Federal Circuit (CAFC) continues to redefine the Court of Federal Claims’ (COFC) ability to hear cases affecting all stages of the federal procurement process....more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 6

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Claims Updates - Avue Technologies Corp. v. Department of Health & Human Services, No. 2022-1784 Fed. Cir. (March 6, 2024) The Federal Circuit issued its much-anticipated decision in a case that presented the question...more

Whitcomb Selinsky, PC

ASBCA's Decision on Optimum Construction's Equitable Adjustment Appeal

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Frazier Investments, Inc. (Optimum Construction) was involved in a contract dispute with the Department of the Air Force regarding a contract modification and equitable adjustment. The dispute involves several key parties,...more

PilieroMazza PLLC

Good News for Pandemic-Related Government Contract Claims: McCarthy HITT – Next NGA West JV

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On December 20, 2023, the Armed Services Board of Contract Appeals (the Board) denied the government’s motion to dismiss pandemic-related claims. In doing so, the Board rejected the government’s arguments alleging that the...more

Whitcomb Selinsky, PC

CDA: Exploring the Core Elements of Government Contract Disputes

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The Core Elements of the CDA 1. Jurisdiction: The contract disputes act establishes the jurisdiction or court that has the authority to hear and decide contract disputes. This could be a federal court or a specific...more

Whitcomb Selinsky, PC

Unraveling the US Army Corps of Engineers Motion for Reconsideration

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U.S. Army Corps of Engineers - In the realm of contract disputes, there is a particular legal saga that unfolds, captivating and demanding our attention....more

Whitcomb Selinsky, PC

The Speedway Orion JV Appeal and the Role of the Contracting Officer

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The Intricate Nature of Contract No. N62473-19-D-1221 and the Authority of the Contracting Officer - The Contract Disputes Act (CDA) serves as a vital framework for the resolution of complex disputes arising from...more

Whitcomb Selinsky, PC

Breach of Contract Battles: Unearthing the Significance of the CDA

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Challenging FEMA's Decision: Revisiting the Contract Disputes Act- OST, Inc. (OST) finds itself in an unenviable position as it appeals a decision made by a contracting officer for the Federal Emergency Management Agency...more

Whitcomb Selinsky, PC

The ASBCA Appeals Ruling Marks a Pivotal Turning Point

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PAE Applied Technologies LLC and the United States Department of the Navy find themselves entangled in a contentious contract dispute that has reached a critical point. The Navy has taken a proactive approach by filing a...more

Whitcomb Selinsky, PC

Resolving Contract Disputes: Expert Insights and Strategies

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Derian, Inc., a construction contractor, finds itself entangled in an ongoing dispute with the government over their contract with the U.S. Army Corps of Engineers (USACE)....more

PilieroMazza PLLC

Subcontract Flow-Down Provisions: Constructive Acceleration and Delays on Federal Projects

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A contractor’s claims against the government for constructive acceleration and delays are governed, in part, by the applicable clauses of the Federal Acquisition Regulations (FAR) incorporated into its contract with the...more

Perkins Coie

Federal Circuit Holds “Sum Certain” Requirement in Government Contracts Cases Is Nonjurisdictional

Perkins Coie on

Clarifying a significant issue in government contracts litigation against the government, the U.S. Court of Appeals for the Federal Circuit has held that the so-called “sum certain” requirement for Contract Disputes Act (CDA)...more

Seyfarth Shaw LLP

Federal Circuit Nullifies Sum Certain Contract Disputes Act Jurisdictional Defense

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In ECC Int’l Constructors, LLC v. Sec’y of Army, No. 2021-2323, 2023 WL 5355302 (Fed. Cir. Aug. 22, 2023), the U.S. Court of Appeals for the Federal Circuit considered whether the Federal Acquisition Regulation (“FAR”)...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

Schwabe, Williamson & Wyatt PC

The Importance of Active Registration: Lessons for Federal Contractors

On May 23, 2023, the Court of Federal Claims (COFC) granted a preliminary injunction halting the award and performance of a contract awarded to Cloud Harbor Economics, LLC Cloud Harbor from the Department of Health and Human...more

Venable LLP

Federal Circuit Clarifies Bid Protest Jurisdiction Over SBA Size Determinations

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While it is well settled that the U.S. Court of Federal Claims (the Claims Court) lacks bid protest jurisdiction over the majority of task or delivery order awards, the U.S. Court of Appeals for the Federal Circuit recently...more

Fox Rothschild LLP

Challenging CPARS Performance Evaluations through the Contract Disputes Act

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This is the seventh of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to...more

Fox Rothschild LLP

Accessing Remedy Granting Clauses under the Contract Disputes Act

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This is the first of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act. Certified Claims are the primary avenue available to government contractors to recover...more

Husch Blackwell LLP

The Difference Between Differing Site Conditions And Superior Knowledge

Husch Blackwell LLP on

The decision of the Court of Federal Claims in Marine Industrial Construction LLC v. United States, 158 Fed. Cl. 158 (2022), includes detailed analysis of several legal issues familiar to contractors facing challenging...more

Morgan Lewis

Federal Circuit Decision Further Muddies Path to Compensation for Government Contractors

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In Zafer Construction Company v. United States, the US Court of Appeals for the Federal Circuit reaffirmed that a request for equitable adjustment by a contractor will be treated as a “claim” within the meaning of the...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: Changes: The Most Important Clause in Government Contracting - April 12th,...

Government contractors: We are excited to continue our “GovCon Examiner Live” webinar series in 2022. Over the course of the next 12 months, the Chair of our Government Contracting department, Maria Panichelli, will bring her...more

Fox Rothschild LLP

Effective Contract Management Primer: FAR Remedy Granting Clauses, Certified Claims, and Disputes

Fox Rothschild LLP on

Submitting a certified claim to a government agency or appealing a contracting officer’s final decision (COFD) can be a risky business decision for federal contractors. On one hand, there is the risk of straining the...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

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: OCIs: A Primer on Organizational Conflicts of Interest and Mitigation Plans...

Obermayer is excited to continue its “GovCon Examiner Live” webinar series in 2021. Over the course of the next 12 months, our experienced government contracting attorneys Maria Panichelli and Michael Richard will bring their...more

Carlton Fields

Government Contracting Phase One: Transitioning From Commercial to Government Work

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Due in large part to the COVID-19 pandemic, there’s been significant movement toward the government contracting arena and away from the commercial world. Join Carlton Fields attorney Joe McManus and Paul Williams, former...more

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