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Contract Disputes Act

Weekly Update Newsletter - February 2018

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Defense Federal Acquisition Regulation Supplement: Procurement of Commercial Items (DFARS case 2016-d006) - The Department of Defense (DOD) issued a final rule, which amended the Defense Federal...more

Don’t Get Lost Filing and Prosecuting CDA Claims

by PilieroMazza PLLC on

Although the Contract Disputes Act (“CDA”) is intended to provide an efficient way for contractors to resolve disputes with the Government, contractors often encounter difficulties when submitting and prosecuting CDA claims....more

The ASBCA Thunders To The Government: Do Your Job!

As most contractors know all too well, doing business with the Government can be quite frustrating. One of the most – if not the most – prominent sources of that frustration is that the Government often operates with a...more

CPARS From A to Z

by Williams Mullen on

Contractor past performance information originates in the agencies’ Contractor Performance Assessment Reporting System (CPARS). You need to understand what the CPARS is and what your rights are so you can monitor your past...more

[Webinar] Government Agency Coordination Office PTAC: Federal Construction Contracts – Common Issues and Critical Claim Strategies...

On January 24, we are hosting a webinar on common issues and critical claim strategies in federal construction contracts with the California University of Pennsylvania Government Agency Coordination Office - Procurement...more

New COFC Decision Highlights Danger Of Contract Modifications On CDA Claims

by Fox Rothschild LLP on

The Contract Disputes Act (CDA) provides a remedy for contractors seeking to recover additional time or costs on a government contract (as part of a Claim or Request for Equitable Adjustment). But when the basis for recovery...more

An Important Reminder for Federal Contractors: Act Fast on Termination for Convenience Claims!

Federal contractors generally don’t need to worry too much about statute of limitations issues on federal contract claims because the Contract Disputes Act (“CDA”) includes a generous six-year window to file. However, it is...more

Litigation Update: Contractor Not Entitled To Delay Costs Based On Access To Information Included In Its Contract

by Fox Rothschild LLP on

Understanding claims under the Contract Disputes Act is an essential skill for government contractors. Claims (and related requests for equitable adjustment) are by far the most common remedy for contractors seeking to...more

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

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

CPARS Challenge Primer: Formal Claim Required To Appeal Negative Performance Evaluation

by Fox Rothschild LLP on

For federal contractors, it is not an exaggeration to say that performance evaluations are the lifeblood of the business. A less-than-satisfactory evaluation in the Contractor Performance Assessment Reporting System (CPARS)...more

O Ye of Little Faith: Breaching the Duty of Good Faith and Fair Dealing While Complying with the Express Terms of a Government...

In contracts – and especially in government contracts, where one is expected to “turn square corners” – we often analyze breach of contract in light of the jots and tittles of a contract’s express terms. And, in bringing a...more

Federal Court in Idaho Rules That a Government Contractor May Recover Consultant Fees, So Long as Those Fees Were Incurred in...

by Pepper Hamilton LLP on

The United States Department of Veterans Affairs (the “VA”) contracted with Sygnos, Inc. (“Sygnos”) for improvements to the electrical system at a VA hospital in Boise, Idaho. Sygnos subcontracted a portion of the work to...more

Significant Government Contract Litigation: A Year in Review

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

FAR’s Signature Requirements Strictly Enforced

by PilieroMazza PLLC on

Though we live in the electronic age, the pen’s power endures in the government contracts world—at least when it comes to signatures for certified claims. The Armed Services Board of Contract Appeals (“ASBCA”) recently held...more

A New Way to Claim Damages Resulting from an Unfavorable CPARS Rating

Government contractors know that an unfavorable performance review posted to the Contractor Performance Assessment Reporting System (“CPARS”) can be extremely costly. Many negotiated solicitations include past performance as...more

Boards of Contract Appeals Will Prod Contracting Officers to Issue Final Decisions

by Holland & Knight LLP on

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

Government Contractors Can Learn From Yogi Berra: Failure to Follow Correct Claim Submission Procedures Results in Jurisdictional...

by McCarter & English, LLP on

The late, great Yogi Berra once said that “Baseball is 90 percent mental. The other half is physical.” Sometimes it seems as if Yogi’s logic is equally applicable to the claims process in the world of Government contracting,...more

Litigating Against the Government? Recent Decision Regarding Claim Certification Dispute Proves That Forrest Gump's Mama Was Right...

by McCarter & English, LLP on

Forrest Gump’s mama was a brilliant woman. As anyone who watched the 1994 Academy Award-winning classic can confirm, Mrs. Gump’s advice to her son provided an indispensable well of wisdom from which Forrest often drew to...more

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

by Morrison & Foerster LLP on

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

Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

by Burr & Forman on

I previously blogged about the rules relating to pass-through claims, where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. In the post, I talked...more

Supreme Court Clarifies Limits on Tribes' Self-Determination Contract Support Costs Claims

by Holland & Knight LLP on

The U.S. Supreme Court ruled on Jan. 25, 2016, against the Menominee Indian Tribe of Wisconsin (Tribe) in Menominee Indian Tribe of Wisconsin v. United States, et al., 577 U.S. ___ (2016) regarding its claims that the Indian...more

Supreme Court Decides Menominee Indian Tribe of Wisconsin v. United States

by Faegre Baker Daniels on

On January 25, 2016, the United States Supreme Court decided Menominee Indian Tribe of Wisconsin v. United States, No. 14-510, holding that a litigant is entitled to equitable tolling of a federal statute of limitations only...more

U.S. Supreme Court Rebuffs Tribe’s Bid for Equitable Tolling: Extraordinary Circumstances Causing Delayed Filing Must be Beyond a...

by Bryan Cave on

Concluding that the Menominee Indian Tribe of Wisconsin (the “Tribe”) failed to justify its untimely filing under the equitable tolling doctrine, a recent U.S. Supreme Court decision reaffirms stern limitations on the...more

ASBCA continues to undermine a contractor's ability to successfully establish a statute of limitations defense to government cost...

by Dentons on

Recently, in Alion Science & Tech. Corp., ASBCA No. 58992 (Nov. 10, 2015), the ASBCA issued yet another decision undermining a contractor's ability to successfully raise a Contract Disputes Act (CDA) statute of limitations...more

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