The Armed Services Board of Contract Appeals’ 2024 annual report reveals—yet again—the lowest number of docketed appeals in 40 years. Where have the contractor appeals gone? Contractors filed fewer appeals with the Board...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 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
In the recent case of Granite Construction Co., ASBCA 62281, the Armed Services Board of Contract Appeals granted partial summary judgment to a contractor that sought delay damages under FAR 52.242-14, Suspension of...more
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
In a recent decision, the Armed Services Board of Contract Appeals issued a summary judgment ruling in a case involving government claims relating to the contractor’s supply of thermal sight systems for armored vehicles. The...more
The Armed Services Board of Contract Appeals rules against the government on summary judgment but reminds offerors of the importance of understanding this key procurement law. The Procurement Integrity Act (PIA) governs...more
The standard for summary judgment is well-settled in federal litigation: construing all facts in the light most favorable to the non-moving party, summary judgment is properly granted only when there are no genuine issues of...more