On May 9, 2024, the Armed Services Board of Contract Appeals ("ASBCA" or "Board") allowed a contractor to recover for a "constructive" value engineering change proposal ("VECP"). In Appeal of Herman JCG Co. JV, ASBCA No....more
In Granite Construction Company, ASBCA No. 62281 (November 1, 2023), the Armed Services Board of Contract Appeals ("Board") addressed the issue of what constitutes a reasonable period of time to suspend work under the...more
12/7/2023
/ Appeals ,
Armed Services Board of Contract Appeals ,
Business Interruption ,
Construction Industry ,
Construction Project ,
Contractors ,
Delay Claims ,
Employment Litigation ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
US Army Corps of Engineers ,
Work Suspensions
In Appeal of Derian, Inc., ASBCA No. 62957 (August 25, 2023), the Armed Services Board of Contract Appeals provided detailed guidance on how to price a deductive change order and what evidence should be utilized to establish...more
In JE Dunn Construction Company (ASBCA No. 62936 April 25, 2022) the Armed Services Board of Contract Appeals took up the issue of whether the sovereign acts doctrine barred a contractor's claim for additional costs arising...more
The Armed Services Board of Contract Appeals in ECC International Constructors, LLC (ASBCA No. 59643 November 9, 2021) issued a partial summary judgment order dismissing several of the contractor's claims for lack of a sum...more
The Armed Services Board of Contract Appeals in September 2021 issued a partial summary judgment order dismissing a contractor's constructive acceleration claim asserting that the Government had not timely reviewed its steel...more
In Sauer, Inc. (September 29, 2021), the Armed Services Board of Contract Appeals discussed the limits of authority that a Government representative had to utilize substitute materials in lieu of materials specified in a task...more
In Nauset Construction Corporation,1 the Armed Service Board of Contract Appeals once again addressed how Government allegations of fraud impact the Board's ability to hear a claim....more
In Carothers Construction, Inc., the Armed Services Board of Contract Appeals discussed the contractor's burden in submitting an "or equal" product. The contract incorporated FAR 52.336-5, Material and Workmanship, which...more
In Harry Pepper and Associates, Inc., the Armed Services Board of Contract Appeals addressed three exceptions to the strict enforcement of claim notice requirements in the context of a Government motion for summary judgment...more
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
In Watts Constructors, LLC, (June 24, 2019), the Armed Services Board of Contract Appeals (ASBCA) provided further guidance on its earlier decision ECC CENTCOM, 18-1 BCA 37,133. ...more
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
A recent decision by the Armed Services Board of Contract Appeals underscores the importance of timely filing a certified claim for excusable delay, and the risks of failing to do so. In ECC CENTCOM Constructors, Inc....more
A recent decision by the Armed Services Board of Contract Appeals reminds us of the importance of obtaining commitments from your key subcontractors after award....more
A recent decision by the Armed Services Board of Contract Appeals reminds us of the significance of release language in a modification, this time in the context of a contractor seeking to overturn a termination for default of...more
A recent decision by the Armed Services Board of Contract Appeals provides guidance on overturning a termination for cause of a supply contract. In AEY, Inc. (June 22, 2018), the ASBCA in large part overturned the...more
A recent decision by the Armed Services Board of Contract Appeals reminds us how important it is to remember to ask for time as well as money when pursuing claims against the government....more