In a significant ruling, the Armed Services Board of Contract Appeals "(Board)" denied a government motion to dismiss claims from McCarthy HITT - Next NGA West JV, a joint venture under contract with the US Army Corps of...more
The Armed Services Board of Contract Appeals’ (“ASBCA or “Board”) decision in Fluor Intercontinental, Inc., serves as an important reminder to prime contractors to be cognizant of the clauses they include in subcontracts for...more
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
In a recent Armed Services Board of Contract Appeals (ASBCA) decision, Pave-Tech, Inc., the ASBCA found that the decisions a construction contractor makes, even from the very beginning of a project, have consequences. In...more
Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to...more
The Davis-Bacon Act and the FAR - The Davis-Bacon Act, 40 U.S.C. §§ 3131-3148, (the Act) is a fact of life in federal government construction contracting. The Act, passed in 1931, establishes the requirement of paying the...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
The Armed Services Board of Contract Appeals (the “Board”) recently held the government liable for design delays where the government prematurely required details in design submissions and failed to provide comments on design...more
Attention contractors – there is a new theory of recovery to consider! …Or, is there? Truth is, it might depend on what agency you are doing business with, and where you bring your case....more
In an important case for architects and design-builders, the Armed Services Board of Contract Appeals (ASBCA) held that the United States Army Corps of Engineers (USACE) is liable for delays arising from design-reviewer...more
The so-called “zone of reasonableness” standard has been long applied by federal courts and boards of contract appeals in evaluating contract interpretation when the contract is deemed ambiguous – meaning that it is...more
Despite “troubling” government conduct, the Armed Services Board of Contract Appeals (ASBCA) recently denied an appeal arising out of electrical work performed on a $38 million construction project involving the ground-up...more
Many federal construction contractors have been there: it’s near the end of the project and the government raises an issue with work that was done much earlier, but is not in strict compliance with the specifications. The...more
Since 1963, the federal government has relied on a doctrine first advanced in G. L. Christian & Assocs. v. United States to read certain terms and provisions into its contracts despite the lack of any express reference...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
Good news for federal construction contractors: a recent Armed Services Board of Contract Appeals (Board) decision confirmed that waiver defenses can defeat government demands for strict compliance with contract requirements....more
Last month, the Armed Services Board of Contract Appeals issued two decisions involving terminations for convenience. Both decisions are instructive regarding how contractors should anticipate contractual and regulatory...more
The Armed Services Board of Contract Appeals (ASBCA) recently demonstrated that it is willing to help government contractors who are waiting many months for a contracting officer to issue a final decision on a pending...more
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
The Armed Services Board of Contract Appeals’ (ASBCA) recent decision in Dick Pacific Constr. Co., Ltd, serves as an important reminder to federal construction contractors that keeping consistent and detailed daily logs is...more