Government Contract Claims: Top 10 Things to Know About the Contract Disputes Act
Making Effective Use of the Claims/Disputes Process
CPARS From A to Z
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 December 14, the Department of Labor issued its final rule implementing Executive Order 14055, entitled “Nondisplacement of Qualified Workers Under Service Contracts.” The executive order and rule seek to enhance...more
The U.S. Court of Appeals for the Federal Circuit broke with earlier precedent and held that the sum certain requirement imposed on contractors is not jurisdictional and therefore cannot be grounds for dismissal late in the...more
Claims Cases Aries Construction Corp. v. United States, No.22-166C (February 21, 2023) - Court of Federal Claims Judge Schwartz issued an opinion discussing the relationship between the Contract Disputes Act (CDA) claim...more
The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more
Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more
Welcome to Jenner & Block’s Government Contracts Legal Round-Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more
A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements...more
If a dispute arises on a federal contract, the Contract Disputes Act requires a contractor to submit a written demand seeking as a matter of right a “sum certain” to the contracting officer as part of the claims process. What...more
A letter from the contracting officer unequivocally directing the contractor to exclude specific costs from its cost submissions as unallowable may not be an appealable final decision. Contractors should seek...more
A recent decision from the Civilian Board of Contract Appeals highlights that the Board will demand sufficiently detailed privilege logs from both agency and contractor litigants. Contractors and agencies must prepare...more
Case remanded to Court of Federal Claims to clarify whether CAS Impact Calculation involving multiple unilateral changes may include contractor “offsets” Federal Circuit revives the question of whether the FAR 33.606...more
On May 19, 2020, the Federal Circuit upheld summary judgment against a government contractor for failure to file a claim timely within the six-year time limit prescribed by the Contract Disputes Act (CDA). In Electric Boat...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
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
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
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
Under the Contract Disputes Act (“CDA”), a contractor must submit a claim within six years of accrual of the claim. A claim is simply a written demand for payment directed to the contracting officer (“CO”) that indicates that...more
The Contract Disputes Act (“CDA”), which governs disputes between contractors and the federal government, sets forth the rules for appealing a Contracting Officer’s Final Decision (“COFD”) to the Boards of Contract Appeals...more