News & Analysis as of

Contract Disputes Act Jurisdiction

Davis Wright Tremaine LLP

Too Little, Too Late: Takeaway From the ASBCA Decision in JE Dunn Construction Co.

The recent decision by the U.S. Armed Services Board of Contract Appeals in JE Dunn Construction Co., ASBCA No. 63183 (Dec. 13, 2023), highlights the immediate importance of the Federal Circuit's decision in ECC International...more

Whitcomb Selinsky, PC

The ASBCA Appeals Ruling Marks a Pivotal Turning Point

Whitcomb Selinsky, PC on

PAE Applied Technologies LLC and the United States Department of the Navy find themselves entangled in a contentious contract dispute that has reached a critical point. The Navy has taken a proactive approach by filing a...more

Fox Rothschild LLP

Recent Cases Give Contractors an Advantage on CDA Claims Jurisdiction

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Federal contractors are winning a safeguard against the government’s practice of moving to dismiss cases brought under the Contract Disputes Act (CDA) for lack of jurisdiction in the late stages of litigation. Recent...more

McDermott Will & Emery

Head East: Contract Disputes Act Claims Must Be Filed in DC

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The US Court of Appeals for the Ninth Circuit concluded that the Contract Disputes Act (CDA) “impliedly forbids” federal contractors from bringing most trade secret misappropriation claims against federal agencies in district...more

Pillsbury Winthrop Shaw Pittman LLP

One Contractor Hurdle Defeated: Federal Circuit Holds That the “Sum Certain” Requirement for CDA Claims is Not Jurisdictional

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

Seyfarth Shaw LLP

Federal Circuit Nullifies Sum Certain Contract Disputes Act Jurisdictional Defense

Seyfarth Shaw LLP on

In ECC Int’l Constructors, LLC v. Sec’y of Army, No. 2021-2323, 2023 WL 5355302 (Fed. Cir. Aug. 22, 2023), the U.S. Court of Appeals for the Federal Circuit considered whether the Federal Acquisition Regulation (“FAR”)...more

Wiley Rein LLP

Federal Circuit Reconsiders What Is Jurisdictional: Will It Level the Playing Field in CDA Disputes?

Wiley Rein LLP on

WHAT: On May 5, 2023, the United States Court of Appeals for the Federal Circuit questioned its previous understanding that the requirement to state a “sum certain” as part of any monetary claim under the Contract Disputes...more

Fox Rothschild LLP

Contractor vs. Government Controversies Not Subject to the CDA

Fox Rothschild LLP on

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

Fox Rothschild LLP

Practical Litigation Strategies for CDA Claims

Fox Rothschild LLP on

This is the third of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to recover...more

Pillsbury Winthrop Shaw Pittman LLP

ASBCA Takes on Contract Dispute Without Jurisdiction Under the Contract Disputes Act

Agency agreements with the ASBCA allow the Board to adjudicate contract disputes outside the purview of the Contract Disputes Act. The ASBCA can take jurisdiction over contract disputes pursuant to agency agreements with...more

Obermayer Rebmann Maxwell & Hippel LLP

Don’t Wait - A Protest is Too Late - To Challenge or Correct Your Bad CPARS

Have you ever received a negative CPARS that you felt was unjustified? Did that negative CPARS cause you to lose other contract awards? That is what happened to the contractor-protester in Colonna Shipyard, Inc. v. U.S., a...more

McCarter & English, LLP

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

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

McCarter & English, LLP

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

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

Perkins Coie

How Subcontractors Can Protect Themselves Following Binghamton Simulator

Perkins Coie on

Subcontractors often play important roles in government contracting. A subcontractor may, for example, take the lead in drafting what becomes a winning proposal. A subcontractor may work on a day-to-day basis with...more

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