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Contract Disputes Contract Disputes Act

Miles & Stockbridge P.C.

Federal Circuit Expands What It Means to be an ‘Interested Party’ to Bring Bid Protest

The Court of Appeals for the Federal Circuit (CAFC) continues to redefine the Court of Federal Claims’ (COFC) ability to hear cases affecting all stages of the federal procurement process....more

Davis Wright Tremaine LLP

No Double-Dipping Allowed: A Takeaway from the CBCA's Decision in BES Design/Build, LLC

A decision by the U.S. Civilian Board of Contract Appeals (the "Board" or "CBCA") in BES Design/Build, LLC v. General Services Administration, CBCA 7587 (April 6, 2023), further defines what it means to submit a "timely"...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

Seyfarth Shaw LLP

Federal Circuit Nullifies Sum Certain Contract Disputes Act Jurisdictional Defense

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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 Holds “Sum Certain” Requirement for CDA Claims Is Not Jurisdictional

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WHAT: After previewing earlier this year that it was reconsidering its existing precedent, the Federal Circuit held yesterday that the requirement that contractors state a “sum certain” in claims brought under the Contract...more

Fox Rothschild LLP

CDA Claims: Delay Damages for an Early Finish?

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One of the most common concerns for federal contractors is delay. Projects can fall behind schedule for a variety of reasons that are outside of the contractor’s control (government-directed changes, differing site...more

Blank Rome LLP

Lifecycle of a Claim, Part IV: Contracting Officer’s Final Decision

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Welcome back to our “Lifecycle of a Claim” series. This series explores the Contract Disputes Act claims process, with practical guidance stemming from recent case law every step of the way. Click the subscribe button on this...more

Morrison & Foerster LLP - Government...

Challenging Unilateral Definitizations Of Undefinitized Contract Actions: What Is A Claim?

Forty-five years after enactment of the Contract Disputes Act of 1978 (CDA), contractors and agencies still often struggle to identify what is and isn’t a CDA claim—a term the CDA itself does not define. Until the CDA’s...more

Jenner & Block

Government Contracts Legal Round-Up - March 2023 Issue 5

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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

PilieroMazza PLLC

Government Contract Claims: Top 10 Things to Know About the Contract Disputes Act

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The adage that “you can’t fight City Hall” does not apply to federal government contractors. The Contract Disputes Act (CDA) provides the framework governing contract disputes between contractors and the government. Knowing...more

Venable LLP

Federal Circuit Clarifies Bid Protest Jurisdiction Over SBA Size Determinations

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While it is well settled that the U.S. Court of Federal Claims (the Claims Court) lacks bid protest jurisdiction over the majority of task or delivery order awards, the U.S. Court of Appeals for the Federal Circuit recently...more

PilieroMazza PLLC

[Webinar] Government Contract Claims: Top 10 Things to Know About the Contract Disputes Act - March 7th, 2:00 pm - 3:00 pm ET

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The adage that “you can’t fight City Hall” does not apply to federal government contractors. The Contract Disputes Act (CDA) provides the framework governing contract disputes between contractors and the government. Knowing...more

Fox Rothschild LLP

CDA Claim Series Wrap Up: Best Practices for Government Contactors

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This is the eighth (and last) 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...more

Fox Rothschild LLP

Challenging CPARS Performance Evaluations through the Contract Disputes Act

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This is the seventh 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...more

Fox Rothschild LLP

Contractor vs. Government Controversies Not Subject to the CDA

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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

CDA Claims vs. Requests for Equitable Adjustment

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So, if you are owed time and money on a contract, should your next move be a CDA Claim or an REA? There is no one-size-fits-all answer – and contractors should carefully consider their own unique circumstances before...more

Fox Rothschild LLP

Essential Elements of CDA Claims – Tips and Latest Trends

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Federal contractors that experience government-caused increases to the cost/time of performance have a direct route for seeking an adjustment to their contract – the Contract Disputes Act (CDA)....more

Blank Rome LLP

Lifecycle of a Claim, Part III: Submitting a Claim

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Welcome back to our “Lifecycle of a Claim” series. This series explores the Contract Disputes Act (“CDA”) claims process, with practical guidance stemming from recent case law every step of the way. ...more

Morgan Lewis

Federal Circuit Decision Further Muddies Path to Compensation for Government Contractors

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In Zafer Construction Company v. United States, the US Court of Appeals for the Federal Circuit reaffirmed that a request for equitable adjustment by a contractor will be treated as a “claim” within the meaning of the...more

Blank Rome LLP

Lifecycle of a Claim, Part II: Submitting a Request for Equitable Adjustment and Negotiation

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Welcome back to our “Lifecycle of a Claim” series. This series explores the Contract Disputes Act claims process, with practical guidance stemming from recent case law every step of the way. ...more

Lewis Roca

Federal Circuit Clarifies When Claims Accrue Under the Contract Disputes Act

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The Contract Disputes Act allows contractors seeking payment of a claim arising from a contract with the federal government six years from the date it accrued to submit the claim to the contracting officer. Failure to do so...more

Pillsbury Winthrop Shaw Pittman LLP

ASBCA’s FY 2021 Annual Report Details Informative Statistics that Can Guide Potential Contract Disputes Act Claimants

The “new normal” at the ASBCA has produced some interesting results for contractors to consider as they formulate and advance contract claims. The Board docketed a near record low number of new appeals during FY 2021. ...more

PilieroMazza PLLC

5 Things Every Contractor Should Know About the Contract Disputes Act

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The well-worn adage that “you can’t fight City Hall” does not apply to federal government contractors.  The Contract Disputes Act (CDA) provides the statutory framework governing contract disputes between contractors and the...more

Husch Blackwell LLP

Perfecting A CDA Claim: Sage Advice For The Sum Certain Requirement

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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

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