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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

ASBCA’s FY 2021 Annual Report Details Informative Statistics that Can Guide Potential Contract Disputes Act Claimants

The “new normal” at the ASBCA has produced some interesting results for contractors to consider as they formulate and advance contract claims. The Board docketed a near record low number of new appeals during FY 2021....more

ASBCA Annual Report: Not All the News Is Positive for Contractors

The Armed Services Board of Contract Appeals (ASBCA) reduced its docket for the fifth consecutive year, signaling potentially faster appeals for contractors. The ASBCA also continued to resolve matters through alternate...more

Armed Services Board of Contract Appeals Releases Annual Report: Positive Trends Continue

As the ASBCA chips away at its docket, contractors seeking Board resolution are benefitting from the highest sustain rate in 10 years. The ASBCA is reducing its backlog of appeals. FY 2018 ended with 901 pending appeals,...more

Is the Pendulum Swinging on Agency and Government Contractor Cooperation?

Comments from the Department of Defense—and recent good faith and fair dealing decisions—point to improved contractor/government relationships. Government officials are actively encouraging collaboration with, and less...more

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