Wednesday, December 1, 2021

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ASBCA Rejects Change Claim Based on Non-Existent Distinction Between Conduits and Ducts; Appeal of...

Appeal alleging constructive change is denied. The contractor claimed the government changed the contract by requiring the installation of electrical wiring in concrete. The contractor alleged that the contract only stated that the wiring had to be in conduits. Under the contractor’s reading of the contract, only ducts, not conduits, had be installed in concrete. […]
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Gone But Not Forgotten: ASBCA Affirms that Laches Is No Longer an Affirmative Defense...

Government’s motion to strike contractor’s affirmative defense of laches is granted. The government asserted a defective pricing claim against the contractor. The contractor appealed,...

Bringing Home the Davis-Bacon: Contractor Can’t Recover for Increased Wage Determination; Appeal of Gulf...

Appeal of a claim seeking to recover increased costs due to wage determination is denied. The contract included a clause that stated the contractor was not entitled to a cost adjustment for a change in wages as a result of a DOL wage determination that applies during the contract’s option years. The contractor (and a […]
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From Rags to (Evidentiary) Glitches: Contractor Sought Summary Judgment on Claim Under Contract for...

Contractor’s motion for summary judgment on its appeal is denied. The contractor’s motion was not supported by affidavits, deposition testimony, or any other documents. In fact, the parties had yet to conduct discovery. The contractor had not provided evidence to demonstrate entitled to summary judgment. Lavender Co. had a contract with the Marine Corps to […]
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Contractor Alleged Constructive Change, But Board Finds Company Didn’t Follow Contract’s Terms; Appeal of...

Appeal of a constructive change claim is denied. The contractor alleged the government changed the contract by directing it perform work replacing the door...

CBCA: You Can’t File a Claim Before You Become a Government Contractor; 3 Crescent...

Appeal alleging the government breached a lease is dismissed. The claimant asserted that the government failed to vacate leased premised by the end of...

Federal Circuit Reverses ASBCA, Holds Board Miscalculated the Date on Which Contractor’s Claim Accrued;...

ASBCA decision finding that contractor’s claims were barred by the statute of limitations is reversed. The contractor sought reimbursement for fees assessed against it...

Board Has Jurisdiction over Agency’s New Legal Theory on Appeal Even Though It Wasn’t...

Contractor’s motion to dismiss government’s theory for lack or jurisdiction is denied. The government issued a final decision disallowing costs, and the contractor appealed....

Claimant Plausibly Alleged Existence of Contract, Skirts Government’s Motion to Dismiss; Appeal of Siemens...

Government’s motion to dismiss for lack of jurisdiction is denied. The government alleged the board lacked jurisdiction because the claimant never had a contract with the government. The board, however, found that the claimant has sufficiently alleged the existence of a contract in its pleadings. The allegations were enough to survive a motion to dismiss. […]
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Federal Circuit Holds that Contract Unambiguously Precluded Costs Contractor Was Claiming; Starwalker PR LLC....

ASBCA decision denying contractor’s appeal is affirmed. The contractor provided trucking services to the government. The contractor claimed it was entitled to costs associated with backhaul—i.e., the movement of a vehicle from the destination it delivered cargo back to its origin. The contractor argued that backhaul operations were part of each delivery mission. The court […]
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