The
Civilian Board of Contract Appeals (CBCA) recently published its
annual report, providing key statistics on cases filed at and adjudicated by the CBCA in Fiscal Year (FY) 2023. Of note, the CBCA found in favor of the contractor, either in whole or in part, in 45% of its decisions on the merits in FY 2023.
Among the other noteworthy statistics from this year’s report are the following:
- 409 new cases were docketed at the CBCA in FY 2023.
- Of those 409 cases, 246 cases were Contract Disputes Act (CDA) appeals, and 163 cases were “other cases,” including 46 FEMA arbitrations requests, 38 travel and relocation cases, and 15 debt cases.
- 358 cases were resolved by the CBCA in FY 2023, with 141 of those on the merits.
- The net change in the CBCA’s total docket count from the end of FY 2022 to the end of FY 2023 was +51.
- Of the decisions on the merits in FY 2023, the CBCA granted the appeal in 10 instances, granted the appeal in part 11 times, and denied the appeal in 26 instances, which, as noted above, resulted in a finding of merit in whole or in part approximately 45% of the time.
- In FY 2023, the CBCA dismissed 174 cases, 154 of which were voluntarily dismissed and 20 of which were dismissed by decision.
- 17 FEMA hearings were conducted by the CBCA in FY 2023.
- 16 total CDA, Federal Motor Carrier Safety Administration, and debt hearings were conducted by the CBCA in FY 2023.
- 43 alternative dispute resolution sessions were held by the CBCA in FY 2023, 39 of which resolved the dispute and 13 of which did not.
The below chart — which is from the CBCA’s annual report — details the total cases pending, filed, and resolved in FY 2023:
