In this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill speaks with Arnold & Porter Senior Associate Amanda Sherwood on recent cases addressing COVID-19 related claims litigation. 

Show notes: 

U.S. Department of Defense: Guidance for Assessment of Other COVID-19 Related Impacts and Costs (July 2, 2020) 

Gas (Or Charge) Up Your Vehicle and Join Us for a Summer Road Trip Through Notable CDA Claims Decisions in the First Half of 2022: Part 2, The Government Contractor (July 20, 2022) 

Contractor Unable to Recover Costs Caused by Ebola Virus Epidemic; Pernix Serka Joint Venture v. Department of State, CBCA 5683

Contractor Can’t Use Pandemic as Excuse for not Delivering Gloves Needed for Pandemic; ORSA Technologies, LLC v. Department of Veterans Affairs, CBCA No. 7141

Did a COVID Outbreak in China Excuse Contractor’s Late Delivery?; American Medical Equipment, Inc. v. United States, COFC NO. 21-1553C

Was Delay in Delivering PPE for the Pandemic Excused by the Pandemic?; Servant Health, LLC, Noble Attorneys, LLC and Transcendence, Inc. v. United States, COFC No. 21-1373C, 21-1456C, 21-1472C

Contractor Can’t Prove that Pandemic Impeded Its Performance; Appeal of Central Company, ASBCA No. 62624

Were the Agency’s COVID-19 Restrictions a Constructive Change to the Contract?; Appeal of JE Dunn Construction Co., ASBCA No. 62936

Can a Contractor Recover Costs Imposed by COVID Restrictions or Does the Sovereign Acts Doctrine Strike Again?; Appeal of APTIM Federal Services, LLC, ASBCA No. 62982

Agency Suspended Performance Due to COVID. Was the Suspension a Breach or a Termination for Convenience?; Appeal of Heartland Energy Partners, LLC, ASBCA No. 62979

Contractor Said It Needed a Price Adjustment Because of COVID. Why Did ASBCA Say Take a Hike?; Appeal of Ace Electronics Defense Systems, ASBCA No. 63224