News & Analysis as of

Subcontractors Armed Services Board of Contract Appeals

Cozen O'Connor

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

Cozen O'Connor on

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

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

Wiley Rein LLP

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

Wiley Rein LLP on

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

Seyfarth Shaw LLP

Don’t Leave Me Twisting in the Wind: ASBCA Paves Way for Potential Subcontractor Recovery for Pandemic-Related Claims

Seyfarth Shaw LLP on

In a significant ruling, the Armed Services Board of Contract Appeals "(Board)" denied a government motion to dismiss claims from McCarthy HITT - Next NGA West JV, a joint venture under contract with the US Army Corps of...more

Davis Wright Tremaine LLP

ASBCA Provides Limits on Application of Severin Doctrine

In JAAAT Technical Services, LLC, the Armed Services Board of Contract Appeals (ASBCA) addressed the breadth of application of the Severin doctrine, which restricts a prime contractor's ability to file claims on behalf of a...more

Blank Rome LLP

KBR Subcontractor’s “Delay” Costs Rejected as Unreasonable by Federal Circuit, No Remand to Cure Defects

Blank Rome LLP on

In a September 1, 2020, ruling, the Federal Circuit addressed the reasonableness of subcontractor costs stemming from a government-caused delay under KBR’s LOGCAP contract in Iraq. This decision is important for contractors...more

Bradley Arant Boult Cummings LLP

Subcontractor Certification of Pass-Through Claim — Defective but Correctable

In June, the Armed Services Board of Contract Appeals (ASBCA) addressed whether it had jurisdiction where a subcontractor pass-through claim was certified under the Contract Disputes Act (CDA) by the subcontractor’s...more

Vinson & Elkins LLP

Federal Circuit Sinks Claim For Submarine Construction Compliance Costs As Untimely Under The CDA

Vinson & Elkins LLP on

Government contractors operate in a constantly changing regulatory environment, and in certain circumstances, a contractor may be contractually entitled to receive a price adjustment when it must comply with a new federal law...more

Obermayer Rebmann Maxwell & Hippel LLP

ASBCA Holds Government Accountable for Home Office Overhead Where the Government Fails to Issue a Timely Contract Time Extension

Imagine you receive an award for a federal project that will require your subcontractor to start work right away. You make sure your subcontractor is ready to go at the planned start date, but the Government delays the start...more

Obermayer Rebmann Maxwell & Hippel LLP

ASBCA Rejects Government’s Frivolous Fraud Defense

Many of our clients have noticed that the Government is increasingly using accusations of contractor fraud as a defense to valid claims, even when there is no evidence that the contractor intended to deceive the government. ...more

Pillsbury Winthrop Shaw Pittman LLP

Unique Facts Entitle Contractor to Recover Under Mutual Mistake Theory

Latent errors in a data set provided by the Government led the ASBCA to hold the Government responsible for contractor-incurred costs. To obtain relief pursuant to the mutual mistake of fact theory, contractors must...more

Davis Wright Tremaine LLP

Buyer Beware—The Risks of Settling a Subcontractor Claim

A recent case from the Armed Services Board of Contract Appeals provides us with a reminder of what can happen to a prime contractor when it settles a subcontractor claim and then seeks to pass through the settlement amount...more

Pillsbury Winthrop Shaw Pittman LLP

Warning Shot Fired (Finally) at Improper DCAA Cost Disallowance Basis

For a number of years, contractors have been required to expend substantial sums challenging baseless legal theories initiated by the Defense Contract Audit Agency (DCAA) and rubber-stamped by the Defense Contract Management...more

Davis Wright Tremaine LLP

The Limited Applicability of the Severin Doctrine

A recent Armed Services Board of Contract Appeals (ASBCA) decision discusses the Severin doctrine and its impact on subcontractor pass-through claims, confirming that this defense to liability may only be used in very limited...more

Morrison & Foerster LLP

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

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

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide