Courts, Boards, & GAO
You Can’t Fight the Same Battle Twice: Issue Preclusion Negates Challenge to Default Termination
The Navy terminated the contractor’s task order for default after the contractor failed to assemble the required team of 20 professionals. The contractor filed...
Contract Claims 101: Common Theories, Part 4
PilieroMazza - Contractors working with federal agencies are governed by the Federal Acquisition Regulation (“FAR”), which has its own body of case law that...
Stuck in the Muck: Contractor’s Failure to Remove Sludge Mires Its Appeal
The contractor challenged a default termination, arguing it should be converted to a termination for convenience. The Board had to determine whether the contractor's...
Contractor Tried to Salvage a Dismissed Claim By Changing Its Legal Theory. The COFC Wasn’t Feeling It.
This contractor filed suit after a default termination. The contractor sought to amend its complaint to assert a new legal theory after one of...
ASBCA Says Government Doesn’t Have to Pay When Contractor Gives It Away for Free
A contractor that voluntarily provided online employment services to active duty Army personnel for over two years—hoping to eventually win a formal contract—filed a...
A Firm-Fixed-Price is a Firm-Fixed-Price: Contractor’s Claim for Increased Lumber Costs Is DOA
The contractor submitted claims, including one to recover the massive increase in lumber costs. The CBCA rejected the lumber claim because the contractor had...
You’ve Got Mail (But Not a Claim): Contractor’s Email Lacked Key Requirements for Board Jurisdiction
The contractor appealed to the CBCA, believing that an email it sent to the contracting officer, in response to a request for additional documentation,...
When Does a Government Program Create a Contract? COFC Breaks It Down.
A healthcare provider argued that enrolling in a federal COVID-19 reimbursement program and complying with its terms and conditions could create a binding contract,...
Firm Fixed Price at Award, Labor-Hour at Payment?
Centre Law & Consulting - The problem is becoming familiar. A government agency awards a contract as firm-fixed-price. It evaluates bid proposals by closely...
Supreme Court Realigns Government Contractor Defense
Womble Bond Dickinson - Government contractors are familiar with the “government contractor defense” that can limit liability for work performed under a federal contract....
Supreme Court Holds that Federal Law Does Not Preempt State Tort Claims When the Contractor’s Own Negligence Causes Injuries
Former Army Specialist Winston Hencely sued Fluor Corporation under South Carolina law after Fluor’s negligent supervision of a Taliban operative led to a suicide...
You Can’t Blame the Government for Weather You Could Have Predicted
A marine contractor's claim that the Army Corps withheld vital knowledge about harsh ocean conditions off Florida's coast sank at the ASBCA. The Board...
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