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 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
"Men must turn square corners when they deal with the Government." So began the Court of Claims decision entitled Lodge Construction, Inc. v. United States, Nos. 13-499 and 13-800 (January 1, 2022), which the court described...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 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
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
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 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
In Panther Brands, LLC v. The United States, No. 16-1157C (December 17, 2019), the Court of Federal Claims addressed the elements of an implied-in-fact contract in the context of a motion for summary judgment dismissal of the...more
In AMEC Foster Wheeler Environmental & Infrastructure, Inc., CBCA 5168, 6298 (November 13, 2019), the Civilian Board of Contract Appeals rejected in large part a federal contractor’s claims due to inconsistencies between the...more
In Kudsk Construction Inc. v. The United States, No. 18-1032C (August 30, 2019), the Court of Federal Claims addressed damages in the context of a delayed notice to proceed and addressed the Christian doctrine in the context...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 Court of Federal Claims provides us instruction on the factors that the government should consider in determining whether to terminate a construction contract for default. This case provides a detailed...more
A recent case from the Court of Federal Claims provides us instruction on differing site conditions and superior knowledge claims. The case arose out of a maintenance dredging contract issued by the United States Army Corps...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 case from the Court of Federal Claims provides us with a useful summary of several legal principles applicable to constructive changes and cardinal changes. The case arose out of a contract to supply mail processing...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