News & Analysis as of

Federal Contractors Armed Services Board of Contract Appeals US Army Corps of Engineers

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

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

Bradley Arant Boult Cummings LLP

Don’t Be Unreasonable: Equitable Adjustment Conditioned on Government Contractor’s Proof of Reasonable Interpretation of Contract

The U.S. Court of Appeals for the Federal Circuit, in U.S. Army Corps of Engineers v. John C. Grimberg Co., Inc., recently reversed an Armed Services Board of Contract Appeals (ASBCA) decision that a federal contractor was...more

Morrison & Foerster LLP - Government...

Who Bears The Risks Of War? Federal Circuit Affirms ASBCA’S Decision That The Contractor Bore The Risk Of Changes To Base Access

In a previous post, we reported on ECC International, LLC, ASBCA No. 60484, Nov. 16, 2018, 18-1 BCA ¶ 37203, which rejected a contractor’s claims arising out of the Government’s closure of a key access route to a construction...more

Bradley Arant Boult Cummings LLP

No Weasel Words in Government Contract Claims Regarding Amount Claimed

Weasel words: “Words or statements that are intentionally ambiguous or misleading.” Concise Oxford English Dictionary 1635 (11th ed. rev. 2008). The Armed Services Board of Contract Appeals (ASBCA) recently dismissed in...more

Pillsbury Winthrop Shaw Pittman LLP

ASBCA Annual Report: Not All the News Is Positive for Contractors

The Armed Services Board of Contract Appeals (ASBCA) reduced its docket for the fifth consecutive year, signaling potentially faster appeals for contractors. The ASBCA also continued to resolve matters through alternate...more

Bradley Arant Boult Cummings LLP

Government's Over-Inspection Sufficient to Support Breach of Duty of Good Faith and Fair Dealing - Construction and Procurement...

The Armed Services Board of Contract Appeals’ recent decision in Appeal of Watts Constructors, LLC gave life to a contractor’s claim that the government violated its implied duty of good faith and fair dealing. Under a...more

Stinson - Government Contracting Matters

No Magic Words Required…Contractor Avoids Dismissal of “Claim” Despite No Specific Request for Contracting Officer “Final...

In Hejran Hejrat Co. LTD, v. United States Army Corps of Engineers, No. 2018-2206, 2019 WL 3210172 (Fed. Cir. July 17, 2019), the United States Court of Appeals for the Federal Circuit reversed an Armed Services Board of...more

Pillsbury Winthrop Shaw Pittman LLP

Armed Services Board of Contract Appeals Releases Annual Report: Positive Trends Continue

As the ASBCA chips away at its docket, contractors seeking Board resolution are benefitting from the highest sustain rate in 10 years. The ASBCA is reducing its backlog of appeals. FY 2018 ended with 901 pending appeals,...more

Davis Wright Tremaine LLP

Contractor’s Inferior Knowledge and Mistake Are No Excuse for Avoiding the Preclusive Effect of a Contractual Release

As the following decision demonstrates, careful recordkeeping can be critical to avoid forfeiting a claim upon the completion of a project with government. Appeal of Merrick Construction, LLC, ASBCA No. 60906 (March 22,...more

Bradley Arant Boult Cummings LLP

What Is “Fair Compensation” Following Termination for Convenience by the Government?

The Armed Services Board of Contract Appeals (ASBCA) recently tackled a contractor’s claim for pre-construction costs following termination for convenience by the U.S. Army Corps of Engineers. In Pro-Built Construction Firm...more

Bradley Arant Boult Cummings LLP

Limits on the Implied Duty of Good Faith and Fair Dealing

In Tug Hill Construction Inc., the Armed Services Board of Contract Appeals (“Board”) recognized the limits of the implied duty of good faith and fair dealing. In this case, the government entered into a firm, fixed-price...more

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