News & Analysis as of September 20, 2024

Statute of Limitations › Contract Disputes Act

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

Federal Circuit Decision Further Muddies Path to Compensation for Government Contractors

Morgan Lewis on 8/15/2022

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

U.S. Court of Federal Claims Issues Statute of Limitations Opinion on Fraud Claims

Davis Wright Tremaine LLP on 10/4/2021

The United States Court of Federal Claims recently issued an opinion discussing the six-year statute of limitations on fraud claims. In Lodge Constr., Inc. v. United States, No. 13-499, 2021 WL 1418847 (Fed. Cl. Apr. 14,...more

Perfecting A CDA Claim: Don’t Forget To Certify

Husch Blackwell LLP on 7/7/2021

In a previous post, we discussed the need to include a sum certain as part of a CDA claim. This requirement of course is but one of several needed for a CDA claim to be valid and for the Court of Federal Claims and the boards...more

Court Of Federal Claims Finds CDA Anti-Fraud Provision’s Statute Of Limitations Has A Hard Stop At 6

Vinson & Elkins LLP on 5/20/2021

For federal contractors, the Contract Disputes Act (“CDA”)1 can be a double-edged sword. While the CDA allows contractors to assert contractual claims against the Government, the CDA also contains an anti-fraud provision that...more

Armed Services Board of Contract Appeals Backlog Shrinks, But Challenges Remain

Pillsbury Winthrop Shaw Pittman LLP on 10/13/2017

The ASBCA’s FY2017 Annual Report reveals interesting facts and trends for contractors deciding whether to litigate at the Board or the Court. The ASBCA’s 2017 annual report offers some revealing statistics concerning the...more

Significant Government Contract Litigation: A Year in Review

Morrison & Foerster LLP - Government... on 1/31/2017

Last year provided a number of important claims and cases that further developed various aspects of litigation regarding the Contract Disputes Act (CDA). The major issues raised in some of the more notable claims include...more

Boards of Contract Appeals Will Prod Contracting Officers to Issue Final Decisions

Holland & Knight LLP on 11/7/2016

The Armed Services Board of Contract Appeals (ASBCA) recently demonstrated that it is willing to help government contractors who are waiting many months for a contracting officer to issue a final decision on a pending...more

Fed. Circ. Further Dulls CDA's Statute Of Limitations

Morrison & Foerster LLP on 6/15/2016

A few years back, a string of decisions at the Armed Services Board of Contract Appeals and the Court of Federal Claims invoked the Contract Disputes Act’s six-year statute of limitations to dispose of several long-pending...more

Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

Burr & Forman on 5/31/2016

I previously blogged about the rules relating to pass-through claims, where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. In the post, I talked...more

Supreme Court Clarifies Limits on Tribes' Self-Determination Contract Support Costs Claims

Holland & Knight LLP on 2/3/2016

The U.S. Supreme Court ruled on Jan. 25, 2016, against the Menominee Indian Tribe of Wisconsin (Tribe) in Menominee Indian Tribe of Wisconsin v. United States, et al., 577 U.S. ___ (2016) regarding its claims that the Indian...more

Supreme Court Decides Menominee Indian Tribe of Wisconsin v. United States

Faegre Drinker Biddle & Reath LLP on 1/26/2016

On January 25, 2016, the United States Supreme Court decided Menominee Indian Tribe of Wisconsin v. United States, No. 14-510, holding that a litigant is entitled to equitable tolling of a federal statute of limitations only...more

U.S. Supreme Court Rebuffs Tribe’s Bid for Equitable Tolling: Extraordinary Circumstances Causing Delayed Filing Must be Beyond a...

Bryan Cave Leighton Paisner on 1/25/2016

Concluding that the Menominee Indian Tribe of Wisconsin (the “Tribe”) failed to justify its untimely filing under the equitable tolling doctrine, a recent U.S. Supreme Court decision reaffirms stern limitations on the...more

An Evolving Landscape: Timeliness of government disallowance of expenses contained in incurred cost proposals may depend on...

Pillsbury Winthrop Shaw Pittman LLP on 12/9/2015

The last three years have seen a run of Contract Disputes Act (CDA) statute of limitations (SOL) cases involving contractor incurred cost proposals (ICP). The sledding has been more difficult for contractors after the Federal...more

Sikorsky and its Impact on Claims Submission

Cohen Seglias Pallas Greenhall & Furman PC on 3/11/2015

In December 2014, the Court of Appeals for the Federal Circuit issued an important decision that impacts how the 6 year statute of limitations (SOL) is applied under the Contract Disputes Act (CDA). ...more

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Statute of Limitations › Contract Disputes Act

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