A glimmer of hope from the Federal Circuit for software manufacturers looking to enforce license agreements against the U.S. Federal Government. In an order issued March 6, 2024, the court said entities licensing software...more
Claims Updates - Avue Technologies Corp. v. Department of Health & Human Services, No. 2022-1784 Fed. Cir. (March 6, 2024) The Federal Circuit issued its much-anticipated decision in a case that presented the question...more
The Civilian Board of Contract Appeals (CBCA) recently published its annual report, providing key statistics on cases filed at and adjudicated by the CBCA in Fiscal Year (FY) 2023. Of note, the CBCA found in favor of the...more
On September 29, 2023, the Civilian Board of Contract Appeals (CBCA) ruled that a federal contractor could not collect damages from the U.S. Marshals Service (USMS). The contractor’s claim, asserting that it was being sued by...more
Contractors docketed only 364 new appeals during FY 2021. The Board issued an advisory opinion for the first time in its 14-year history. The Board plans to offer the option to conduct hearings and ADR proceedings...more
A recent decision from the Civilian Board of Contract Appeals (CBCA) in the appeal of Widescope Consulting and Contracting Services sheds some light on the issue of whether the CBCA lacks jurisdiction over an appeal of a...more
In AMEC Foster Wheeler Environmental & Infrastructure, Inc., CBCA 5168, 6298 (November 13, 2019), the Civilian Board of Contract Appeals rejected in large part a federal contractor’s claims due to inconsistencies between the...more
A recent decision in Sotera Defense Solutions, Inc. v. Department of Agriculture, CBCA 6029, 6030, by the United States Civilian Board of Contract Appeals (CBCA), upheld a contract provision that imposed greater obligations...more
In a case of first impression, the Civilian Board of Contract Appeals (“CBCA”) ruled that a contractor performing task orders issued against a government-wide acquisition contract (“GWAC”) properly submitted its claims to the...more
On Aug. 17, 2018, the Civilian Board of Contract Appeals (CBCA) published a final rule amending its rules of procedures which will be effective for cases filed with the board on or after Sept. 17, 2018. The CBCA's current...more
Litigation before the Armed Services and Civilian Boards of Contract Appeals (ASBCA and CBCA, or Boards) involves some unique aspects not found in typical civil cases in federal courts. The differences begin with the ease of...more
On March 31, 2017, the United States Civilian Board of Contract Appeals (CBCA) dismissed a contractor’s claims against the Department of Veterans Affairs (VA) for a lack of jurisdiction, stating that the contractor should...more
Last year provided a number of important claims and cases that further developed various aspects of litigation regarding the Contract Disputes Act (CDA). The major issues raised in some of the more notable claims include...more