The ASBCA restrictively interpreted standard release language in a government modification. In the Sauer Construction case, ambiguous release language couldn't bar a remediation claim, highlighting the need for clear...more
A recent decision in SBA Contracting, LLC, ASBCA No. 63320 (Oct. 3, 2023) provides an important reminder for government contractors to carefully consider the volatility of market conditions before submitting firm-fixed price...more
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
The Armed Services Board of Contract Appeals’ (ASBCA) recent decision in Odyssey International, Inc. provides contractors with yet another cautionary tale when executing modifications with the government: make sure you fully...more