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Contractor Summary Judgment on Gov. Response to Pre-Bid Question

The Civilian Board of Contract Appeals in Wu & Associates granted the contractor's motion for partial summary judgment on entitlement to recover additional funds to strengthen flooring to move heavy equipment for an elevator...more

Contractor Obtains Summary Judgment on Entitlement Based on Government Response to Pre-Bid Question

The Civilian Board of Contract Appeals in Wu & Associates granted the contractor's motion for partial summary judgment on entitlement to recover additional funds to strengthen flooring to move heavy equipment for an elevator...more

CBCA Addresses Claim for Breach of the Implied Covenant of Good Faith and Fair Dealing

In Michael Johnson Logging v. Department of Agriculture (July 20, 2021), the Civilian Board of Contract Appeals (CBCA or the Board) discussed the government's implied duty of good faith and fair dealing in the context of a...more

Civilian Board of Contract Appeals Addresses the Interplay Between ID/IQ Contracts and the Implied Duty of Good Faith

In Future Forest, LLC, CBCA 5863 (March 9, 2020), the Civilian Board of Contract Appeals discussed the relationship between a minimum delivery order, comments on what volume of deliveries the contractor could anticipate under...more

Government Contractor May Proceed With Delay Claim Notwithstanding Incomplete Project

A recent decision by the Civilian Board of Contract Appeals rejected the Government’s attempt to stay an appeal seeking recovery for delay damages “until the project is complete.” In CTA I, LLC v. Department of Veterans...more

Collateral Estoppel—What is Good for the Goose May Not Be Good For the Gander

A recent decision by the Civilian Board of Contract Appeals reminds us that all findings of fact made by a court are not created equal, at least insofar as they are applied in a subsequent proceeding. In VSE Corporation v...more

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