News & Analysis as of

Appeals Armed Services Board of Contract Appeals

Bradley Arant Boult Cummings LLP

Subcontractors’ COVID-19-Related Claims Survive Motion to Dismiss

In the Armed Services Board of Contract Appeals (ASBCA) appeal of McCarthy HITT – Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (Dec. 20, 2023), a contractor brought suit for a collection of COVID-19-related claims on...more

Davis Wright Tremaine LLP

What Constitutes a Reasonable Period of Time Under the Suspension-of-Work Clause?

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

Pillsbury Winthrop Shaw Pittman LLP

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

Davis Wright Tremaine LLP

ASBCA Provides Guidance on How Deductive Changes Should Be Priced

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

Pillsbury Winthrop Shaw Pittman LLP

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

Bradley Arant Boult Cummings LLP

Hell or High Water: Why Contractors Must Understand Contractual Risks

The Armed Services Board of Contract Appeals (“ASBCA”) recently denied a contractor’s claim for additional compensation as the contractor failed to establish its work was constructively suspended or that its contract was...more

Pillsbury Winthrop Shaw Pittman LLP

By the Numbers: ASBCA’s Fiscal Year 2022 Annual Report

The Armed Services Board of Contract Appeals’ 2022 annual report provides information of significant interest to the contractor community, but a closer look raises many questions....more

Bradley Arant Boult Cummings LLP

Accord and Satisfaction: To Release, or Not Release? That is the Question.

Generally, an “accord and satisfaction” is an agreement between two or more contracting parties to accept an alternate agreement and performance in lieu of a preexisting contractual duty between the parties. The new...more

Cohen Seglias Pallas Greenhall & Furman PC

The Percentages Favor Settlement of Claims and Appeals

As a follow-up to my earlier post about the need to develop a settlement strategy when a claim is headed for litigation, I reviewed the various decisions of the Armed Services Board of Contract Appeals (ASBCA) for the first...more

Lewis Roca

Federal Circuit Clarifies When Claims Accrue Under the Contract Disputes Act

Lewis Roca on

The Contract Disputes Act allows contractors seeking payment of a claim arising from a contract with the federal government six years from the date it accrued to submit the claim to the contracting officer. Failure to do so...more

Pillsbury Winthrop Shaw Pittman LLP

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

Bradley Arant Boult Cummings LLP

Assumptions Will Make a Fool out of You and the Reasonableness of your Delay-Related Costs Claim

Author(s) Sydney M. Warren In one of its recent opinions, Kellogg Brown & Root Services, Inc. v. Sec’y of the Army, the Federal Circuit issued new guidance on what contractors must show to prove the reasonableness of costs...more

Pillsbury Winthrop Shaw Pittman LLP

ASBCA Confirms the “Goldilocks Principle” in Government Contract Appeals

A letter from the contracting officer unequivocally directing the contractor to exclude specific costs from its cost submissions as unallowable may not be an appealable final decision. Contractors should seek...more

Pillsbury Winthrop Shaw Pittman LLP

Defense Contractors Have Some Leeway to Mark Noncommercial Technical Data to Restrict Rights of Non-Government Third Parties

The U.S. Court of Appeals for the Federal Circuit interprets DFARS technical data rights clause to allow contractors to mark technical data delivered to the government to restrict the rights of non-government third parties. ...more

McDermott Will & Emery

Government Contractors May Include Restrictive Markings on ‘Unlimited Rights’ Data

The US Court of Appeals for the Federal Circuit reversed an Armed Services Board of Contract Appeals (ASBCA) denial of summary judgment and held that a federal contractor may include certain restrictive markings on “unlimited...more

Pillsbury Winthrop Shaw Pittman LLP

Fiscal Year 2020 ASBCA Statistics Show Case Load Increases, Slower Resolutions and Fewer ADR Proceedings

The Armed Services Board of Contract Appeals released its fiscal year 2020 Annual Report, which offers valuable statistics for contractors to consider. Contractors filed 497 appeals in FY 2020 (compared with 418 filed in...more

Bradley Arant Boult Cummings LLP

Don’t Be Unreasonable: Equitable Adjustment Conditioned on Government Contractor’s Proof of Reasonable Interpretation of Contract

The U.S. Court of Appeals for the Federal Circuit, in U.S. Army Corps of Engineers v. John C. Grimberg Co., Inc., recently reversed an Armed Services Board of Contract Appeals (ASBCA) decision that a federal contractor was...more

Bradley Arant Boult Cummings LLP

No Weasel Words in Government Contract Claims Regarding Amount Claimed

Weasel words: “Words or statements that are intentionally ambiguous or misleading.” Concise Oxford English Dictionary 1635 (11th ed. rev. 2008). The Armed Services Board of Contract Appeals (ASBCA) recently dismissed in...more

Stinson - Government Contracting Matters

No Magic Words Required…Contractor Avoids Dismissal of “Claim” Despite No Specific Request for Contracting Officer “Final...

In Hejran Hejrat Co. LTD, v. United States Army Corps of Engineers, No. 2018-2206, 2019 WL 3210172 (Fed. Cir. July 17, 2019), the United States Court of Appeals for the Federal Circuit reversed an Armed Services Board of...more

Fox Rothschild LLP

Contractor Alert: ASBCA Will Hear Disputes Regarding Contracts Implied-In-Fact

Fox Rothschild LLP on

Traditionally, disputes that rise to the level of an appeal before the Armed Services Board of Contract Appeals (ASBCA) (or other board of contract appeals) follow a similar path: ·The contractor and the Government enter...more

Bradley Arant Boult Cummings LLP

For Government Contractors: Unsigned Claim Certification Is an Incurable Defect

In September, the Armed Services Board of Contract Appeals (ASBCA) addressed the certification requirements under the Contract Disputes Act (CDA). A motion to dismiss by the U.S. Government prompted the ASBCA to consider...more

Pillsbury Winthrop Shaw Pittman LLP

Armed Services Board of Contract Appeals Backlog Shrinks, But Challenges Remain

The ASBCA’s FY2017 Annual Report reveals interesting facts and trends for contractors deciding whether to litigate at the Board or the Court. The ASBCA’s 2017 annual report offers some revealing statistics concerning the...more

Morrison & Foerster LLP

Fed. Circ. Further Dulls CDA's Statute Of Limitations

A few years back, a string of decisions at the Armed Services Board of Contract Appeals and the Court of Federal Claims invoked the Contract Disputes Act’s six-year statute of limitations to dispose of several long-pending...more

Holland & Knight LLP

Recent Data Suggests Contractors Are Getting A Fair Shake Before The ASBCA

Holland & Knight LLP on

The Armed Services Board of Contract Appeals recently released its Report of Transactions and Proceedings for FY2015. The data reveals some interesting trends and provides useful guidance for contractors considering their...more

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