The Civilian Board of Contract Appeals (CBCA) and the Armed Services Board of Contract Appeals (ASBCA) recently published their annual reports (the Reports), providing updates on personnel, decision statistics, and other relevant developments over Fiscal Year 2025 (FY2025). As the primary forums for federal contract appeals, the CBCA and ASBCA serve as critical resources for federal contractors. In this blog, attorneys in PilieroMazza’s REAs, Claims, and Appeals Group offer key insights from the Reports that could affect how government contractors submit or respond to CBCA or ASBCA cases in 2026 and beyond.
CBCA: Case Statistics
CBCA’s Annual Report shares that in FY2025, 447 new cases were docketed—surpassing the 319 it saw in FY2024. Within its increased caseload, CBCA received 222 new Contract Disputes Act (CDA) appeals (excluding remands and reconsiderations), which is 168 more than it received in FY2024. CBCA also received 138 other docketed matters, including 57 alternative dispute resolutions (ADR) and 59 requests for Federal Emergency Management Agency (FEMA) arbitration. This is a switch from FY2024, where CBCA appeals were outweighed by ADR—suggesting parties are opting to litigate rather than engage in ADR.
As for decisions on the merits, CBCA granted relief 24 times, granted relief (in part) 32 times, and denied relief 85 times. This means CBCA decisions resulted in a finding of merit (in whole or in part) approximately 40% of the time, with contractor claims having a substantial chance of success, but outcomes rely heavily on claim quality, strategy, and execution.
Of special note for contractors who work with the Department of Veterans Affairs (VA), CBCA saw an influx in disputes involving the VA in FY2025. Of CBCA’s 222 appeals, 70 involved the VA, whereas the agency with the next highest number of appeals (the U.S. Agency for International Development) only saw 43. This means that the VA was involved in nearly one-third of CBCA appeals in FY2025. And the VA was also the agency with the most ADRs docketed at CBCA. Contractors who frequently work with the VA should be aware that VA contracts have dominated CBCA disputes as of late, as this trend may continue into 2026.
CBCA did not comment on any of its decisions, as it has in the past.
CBCA: Electronic Docketing System (EDS)
CBCA launched its EDS in February 2025. EDS provides contractors and agencies with an online filing system similar to that used by the Government Accountability Office, where all CDA and FEMA arbitration documents can be filed and reviewed in one streamlined location. CBCA has since made minor changes to its rules to reflect EDS filing requirements, which will be published to the CBCA website and the Federal Register soon. CBCA confirms users have experienced very few issues with EDS, and that CDA and FEMA litigants can look forward to increased functionality as CBCA assesses how to continue modernizing the system.
CBCA: Artificial Intelligence
In a world where artificial intelligence (AI) is becoming increasingly prevalent, CBCA noted that while AI can be a helpful tool, it is also ripe for abuses. Through its Report, CBCA warns that parties will be held fully responsible for the accuracy of their submissions in CBCA disputes. Given the risks, PilieroMazza advises contractors consult with an experienced government contracts attorney before utilizing or relying on AI-generated information in their legal proceedings.
ASBCA
As revealed by ASBCA’s Annual Report, federal contractors had a successful year appealing their disputes at ASBCA. Overall, 371 cases were docketed with ASBCA in FY2025, which is 95 more than FY2024 and the most ASBCA has seen since FY2022. However, ASBCA disposed a total of 399 cases during FY2025. Of the disposed cases, 140 were disposed on the merits and 259 were dismissed. Of the cases disposed on the merits, 94 were sustained and 46 were denied—meaning that contractors were victorious approximately 67% of the time. This strong success rate signals a favorable landscape for contractors who find themselves navigating disputes with the Department of Defense.
Also, within the disposed cases were nine (9) expedited or accelerated disputes. ASBCA appellants may elect for “expedited” procedures where the amount in dispute is under $50,000 (or under $150,000 for small businesses), or for “accelerated” procedures where the amount in dispute is under $100,000. This is a decrease from 18 expedited or accelerated cases in FY2024, which could mean that fewer appellants are electing for these procedures, or that fewer appeals involve a dispute of an amount under the requisite thresholds. Small business contractors are encouraged to consider these expedited (and usually, less costly) procedures.
Of ASBCA’s caseload, 104 cases involved the U.S. Army Corps. of Engineers (ACE), which accounted for approximately 28% of ASBCA cases in FY2025. Also notable is the Air Force’s increased involvement in ASBCA cases. In FY2024, the Air Force was involved in 37 cases, and in FY2025, it was involved in 62 cases—a nearly 70% increase.
As for alternative resolutions, 80 of ASBCA’s cases went to ADR—evidently, a less popular option at ASBCA than it is at CBCA.
