Tuesday, September 29, 2020

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ASBCA Affirms Liberal Construction of Notice of Appeal Requirements, Finds Parties’ Joint Status Report...

The contractor filed a formal notice appeal after the 90-day deadline for filing an appeal with the ASBCA. Despite this, the board determined it...

Absence of Express Language Requiring Payment for the Last 20 Years of a 50-Year...

Appeal contesting the government’s interpretation of a contract’s payment provision is denied. A state utility had a contract with the government under which it agreed to pay the government for excess energy generated by a government-owned power plant. The contract had a 50-year term. But the parties had only expressly agreed to a payment rate […]
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Ambiguity in Contract Concerning Government Furnished Equipment Precludes Summary Judgment on Contractor’s Claim; Appeal...

Contractor’s and government’s cross-motions for summary judgment on contractor’s claim are denied. The government contended the contractor was required to provide phones as part of a construction project. The contractor claimed the phones were government furnished equipment. The board found that the contract was ambiguous. Some provisions provided that the contractor had to supply the […]
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Contractor’s Claim for Penalty Assessed by Foreign Government Accrued When the Penalty Was Assessed,...

Appeal of contractor claim is denied as barred the statute of limitations. The contractor sought reimbursement for fees assessed against it by the Afghan government. The government argued the claims were barred by the CDA’ six-year statute of limitations. The contractor argued that its claims were not time-barred because the limitations period only began to […]
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Contractor’s Attempt to Play Hardball With the Government Results in Termination for Cause; Appeal...

Appeal of a termination for cause is denied. The government terminated because the contractor refused to deliver equipment required by the contract. The contractor claimed it had justifiably refused to deliver the equipment because the government had withheld payment under the contract due to the contractor’s failure to perform a different contract with the government. […]
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Claim Arising From Termination for Convenience Accrues When Termination Settlement Negotiations Reach an Impasse;...

Government’s motion for summary judgment on contractor’s appeal is granted. The contractor appealed a claim for costs arising out of a termination for convenience. The government alleged the claim was barred by the CDA’s six-year statute of limitations. The board agreed, reasoning that a claim for costs incurred as part of a termination for convenience […]
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Federal Circuit Holds that Contractor Failed to Demonstrate Reasonableness of Claimed Costs; Kellogg Brown...

ASBCA decision denying contractor claim for costs incurred in delivering housing trailers to Iraq is affirmed. The contractor claimed it was entitled to recover...

I Won’t, and You Can’t Make Me: CBCA Refuses to Compel Government to Participate...

Contractor’s motion to compel government to participate in alternative dispute resolution is denied. ADR before the board is voluntary, and CBCA will not force an unwilling party to participate. S & DF Properties appealed a decision of the General Services Administration to the CBCA. S & DF wanted GSA to participate in ADR. GSA refused. […]
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COFC Castigates Department of Justice for Ignoring a Court Order and Violating the Duty...

The plaintiff sued the government in the COFC, asserting claims under a certain type of HUD contract. The government contended that claims under that...

Agency Unable to Prove that Contractor’s Representative Was Not Real Party in Interest; CBCA...

Government’s motion to dismiss appeal is denied. The government argued that a representative appearing on behalf of the contractor was not the real party in interest and thus the board lacked jurisdiction over the appeal. The board noted that under its rules, a corporation’s officer may appear before the CBCA on behalf of the company. […]
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