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Federal Contractors Armed Services 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

Wiley Rein LLP

Five Lessons to Prevent Government Abuse of Commercial Software Licenses

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When the U.S. Government licenses commercial software, it generally does so under the same terms as any other commercial software licensee, unless the terms of that license are inconsistent with federal law or do not...more

Cozen O'Connor

Federal Judge Blocks Portions of Department of Labor Rulemaking on Davis-Bacon Act

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On Monday, June 24, 2024, a federal judge for the US District Court for the Northern District of Texas (the Court) instituted a nationwide injunction on the enforcement of portions of the US Department of Labor’s (DOL) 2023...more

Blank Rome LLP

Two Sides to Every Story: When Is Extrinsic Evidence Relevant to Interpreting the Scope of a Contractor Release?

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When is it appropriate to consider “extrinsic evidence” of the parties’ intent when interpreting a contractor’s release of claims? A new decision out of the Armed Services Board of Contract Appeals (“ASBCA”), Sonabend Company...more

Bradley Arant Boult Cummings LLP

Subcontractors’ COVID-19-Related Claims Survive Motion to Dismiss

In the Armed Services Board of Contract Appeals (ASBCA) appeal of McCarthy HITT – Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (Dec. 20, 2023), a contractor brought suit for a collection of COVID-19-related claims on...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

Wiley Rein LLP

ASBCA Has Jurisdiction to Hear Claims Relating to COVID-19 Labor Costs Arising Under CARES Act

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WHAT: In Aviation Training Consulting, LLC, the Armed Services Board of Contract Appeals (ASBCA) held that it had jurisdiction to hear the contractor’s claim for increased costs to keep its workforce in a ready state during...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

Navigating the Legal Battle: A Contract Dispute with F&D and USACE

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Legal Battle and Delays: F&D vs. USACE in Contract Dispute - A "legal battle" refers to a dispute or conflict that is being resolved through legal proceedings, such as litigation or arbitration. It typically involves two...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 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

Davis Wright Tremaine LLP

What Constitutes a Reasonable Period of Time Under the Suspension-of-Work Clause?

In Granite Construction Company, ASBCA No. 62281 (November 1, 2023), the Armed Services Board of Contract Appeals ("Board") addressed the issue of what constitutes a reasonable period of time to suspend work under the...more

Fox Rothschild LLP

Market Shortages are No Excuse for Non-Performance

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A recent decision in SBA Contracting, LLC, ASBCA No. 63320 (Oct. 3, 2023) provides an important reminder for government contractors to carefully consider the volatility of market conditions before submitting firm-fixed price...more

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

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

Fox Rothschild LLP

ASBCA Decision Offers a Potential Avenue for Federal Contractors to Recover COVID-19 Related Costs

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The Armed Services Board of Contract Appeals (ASBCA or Board) issued an opinion in Appeal of StructSure Projects, Inc., granting StructSure additional COVID-19 related costs arising under a fixed-price task order. ASBCA No....more

Morrison & Foerster LLP - Government...

Missing SCA Clause Did Not Excuse Noncompliance Or Allow For Full Equitable Adjustment

In Innovative Technologies, Inc., ASBCA No. 6186, 62185, the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) held that, despite the federal government’s failure to include or incorporate the McNamara-O’Hara...more

Whitcomb Selinsky, PC

Government Challenges Privately Developed Commercial Data’s Restrictive Markings

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In late November 2022, the Armed Services Board of Contract Appeals (ASBCA) ruled that the U.S. Government can mount a validation challenge against proprietary markings on commercial data developed exclusively at private...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

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

Bradley Arant Boult Cummings LLP

Don’t Overlook Your Subcontracts on Federal Projects

The Armed Services Board of Contract Appeals’ (“ASBCA or “Board”) decision in Fluor Intercontinental, Inc., serves as an important reminder to prime contractors to be cognizant of the clauses they include in subcontracts for...more

Bradley Arant Boult Cummings LLP

Hell or High Water: Why Contractors Must Understand Contractual Risks

The Armed Services Board of Contract Appeals (“ASBCA”) recently denied a contractor’s claim for additional compensation as the contractor failed to establish its work was constructively suspended or that its contract was...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

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