Podcast - Cybersecurity Roundup: Analyzing New and Proposed Rules for Contractors
Understanding FOCI Mitigation
Work This Way: A Labor & Employment Law Podcast - Episode 28: Construction Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
False Claims Act Insights - If Everything Matters, Nothing Does: Parsing Materiality in FCA Disputes
Build America Buy America What is it? How to qualify.
Podcast - Navigating M&A Due Diligence: Safeguarding Security Clearances
Work This Way: A Labor & Employment Law Podcast - Episode 26: Compensation Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
An In-Depth Overview of the DCSA
Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR)
DE Under 3: Retirement of “Chevron Doctrine” Exposed Vulnerability of OFCCP’s Overreaching Interpretations of Some of its Rules
Legal Alert | Reign It In: Federal Court Enjoins DOL's Expansion of Davis-Bacon Coverage
Common Scenarios Triggering False Claims Act Violations, Part 3: Claims and Investigations
DE Under 3: OFCCP Must Shut Down its Administrative Court Prosecutions as a Result of SCOTUS’ SEC Jury Trial Case Decision
Common Scenarios Triggering False Claims Act Violations, Part 1: Gov. Contracts and Cybersecurity
DE Under 3: OFCCP’s New Revisions & Additions to its Construction Contractor Compliance Audit Tools
Clocking in with PilieroMazza: Second Chance Initiatives: Hiring Workers with Criminal Histories
DE Under 3: OFCCP VEVRAA Guidance Clarifies Protected Veteran “Benchmark for hiring” is Not a Hard Number Quota
AI Risks for Government Contractors: Navigating Disputes and Litigation
DE Under 3: OFCCP Changes Up Important Technical Details of its Audit Selection Process in First FY 2024 CSAL
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
A decision by the U.S. Civilian Board of Contract Appeals (the "Board" or "CBCA") in BES Design/Build, LLC v. General Services Administration, CBCA 7587 (April 6, 2023), further defines what it means to submit a "timely"...more
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
Joint ventures can lead to complex contractual arrangements and potential disputes over authority and claim submissions. In this blog post, we delve into a case involving a joint venture between BCC and ZAAZTC, known as...more
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
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
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
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
Battle for Justice - The Contract Disputes Act plays a vital role in resolving contract disputes between the federal government and contractors. Enacted by the United States Congress in 1978, this legislation provides a...more
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
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
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
The Significance of the Contract Disputes Act - Government contract disputes are conflicts that arise between the government and a contractor during a contract. They involve disagreements over terms, performance, or...more
Uncovering Factual Discrepancies and Challenging the Government's Argument - Restoration Specialists, LLC (Restoration) is currently embroiled in a contractual dispute with the government, prompting them to appeal a motion...more
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
The US Court of Appeals for the Ninth Circuit concluded that the Contract Disputes Act (CDA) “impliedly forbids” federal contractors from bringing most trade secret misappropriation claims against federal agencies in district...more
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
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
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
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
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
Claims Cases Aries Construction Corp. v. United States, No.22-166C (February 21, 2023) - Court of Federal Claims Judge Schwartz issued an opinion discussing the relationship between the Contract Disputes Act (CDA) claim...more
The adage that “you can’t fight City Hall” does not apply to federal government contractors. The Contract Disputes Act (CDA) provides the framework governing contract disputes between contractors and the government. Knowing...more
The Civilian Board of Contract Appeals (CBCA) decided the case of Reagent World, Inc. vs Department of Agriculture, 2017 WL 3114026. As part of the General Services Administration (GSA), the CBCA hears various cases...more
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