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No Longer Appealing: Why Are Contractors Filing Fewer Appeals at the ASBCA?

The Armed Services Board of Contract Appeals’ 2024 annual report reveals—yet again—the lowest number of docketed appeals in 40 years. Where have the contractor appeals gone? Contractors filed fewer appeals with the Board...more

ASBCA’s FY 2023 Annual Report: Contractor Appeals Are Way Down but Dispositive Motion Activity Is Way Up

The Armed Services Board of Contract Appeals’ 2023 annual report reveals the lowest number of docketed appeals in 40 years, while at the same time the Board deals with the largest number of motions for summary judgment in...more

One Contractor Hurdle Defeated: Federal Circuit Holds That the “Sum Certain” Requirement for CDA Claims is Not Jurisdictional

The U.S. Court of Appeals for the Federal Circuit broke with earlier precedent and held that the sum certain requirement imposed on contractors is not jurisdictional and therefore cannot be grounds for dismissal late in the...more

By the Numbers: ASBCA’s Fiscal Year 2022 Annual Report

The Armed Services Board of Contract Appeals’ 2022 annual report provides information of significant interest to the contractor community, but a closer look raises many questions....more

Civilian Board of Contract Appeals Releases Fiscal Year 2021 Annual Report

Contractors docketed only 364 new appeals during FY 2021. The Board issued an advisory opinion for the first time in its 14-year history. The Board plans to offer the option to conduct hearings and ADR proceedings...more

Privilege Logs in Contract Disputes Act Litigation: An Equal Obligation for Both Parties

A recent decision from the Civilian Board of Contract Appeals highlights that the Board will demand sufficiently detailed privilege logs from both agency and contractor litigants. Contractors and agencies must prepare...more

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