News & Analysis as of

FEMA Arbitration

Pillsbury Winthrop Shaw Pittman LLP

Civilian Board of Contract Appeals Releases Fiscal Year 2024 Annual Report and Announces New Electronic Docketing System

The Board docketed 17 fewer new appeals in fiscal year (FY) 2024 than it docketed in FY 2023. The Board docketed more cases than it resolved in FY 2024....more

Fox Rothschild LLP

Appeals Down, ADR Up at CBCA in 2024

Fox Rothschild LLP on

The Civilian Board of Contract Appeals (CBCA) recently posted its Annual Report for Fiscal Year 2024 (Report). In Fiscal Year 24 (FY24), Contract Disputes Act (CDA) appeals were down, while Alternative Dispute Resolution...more

Bradley Arant Boult Cummings LLP

FEMA Public Assistance Arbitrations at the CBCA

The Federal Emergency Management Agency (FEMA) provides funding to eligible applicants under the Public Assistance (PA) program to help applicants in responding to and recovering from presidentially declared major disasters...more

Baker Donelson

Recent Trends in FEMA COVID-19 Appeal and Arbitration Decisions

Baker Donelson on

Recent Federal Emergency Management Agency (FEMA) second appeal decisions and United States Civilian Board of Contract Appeal (CBCA) arbitration decisions indicate that FEMA is narrowly construing its policy language...more

Pillsbury Winthrop Shaw Pittman LLP

Civilian Board of Contract Appeals Releases Fiscal Year 2021 Annual Report

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

Baker Donelson

Changes to FEMA's Public Assistance Appeals and Arbitrations Regulation Go Into Effect January 1, 2022

Baker Donelson on

The Federal Emergency Management Agency's (FEMA) Public Assistance Appeals and Arbitrations regulation at 44 C.F.R. § 206.206 will change on January 1, 2022. Recipients and subrecipients should be prepared for changes in...more

Baker Donelson

CBCA Decision – CBCA Strictly Enforces Arbitration Filing Deadlines Under the 2018 Disaster Recovery Reform Act

Baker Donelson on

Section 1219 of the Disaster Recovery Reform Act of 2018 (DRRA) permits FEMA Public Assistance applicants to pursue binding arbitration to resolve funding disputes with FEMA. The agency has published a Fact Sheet to provide...more

Baker Donelson

Draft Rules Issued for New Arbitration Option for FEMA's Public Assistance Program

Baker Donelson on

The Civilian Board of Contract Appeals (CBCA) has published draft rules for the new arbitration option for the Federal Emergency Management Agency's (FEMA) Public Assistance Program. In this analysis, we examine the proposed...more

Carlton Fields

Louisiana Loses Bid To Vacate Denial Of Reconsideration Of Arbitral Decision In FEMA Assistance Dispute

Carlton Fields on

FEMA denied a request by the Louisiana Department of Natural Resources (“LDNR”) for assistance restoring barrier islands following Hurricanes Rita and Katrina....more

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