Courts, Boards, & GAO
You Can’t Just Walk Away: Contractor Quits Two Months Into Five-Year Laundry Contract
A contractor abandoned a five-year laundry services contract after just two months, claiming confusion over contract pricing and funding. The ASBCA upheld the government's...
Is It In the Price? Failing to Ask Questions Before Bidding Costs Contractor $334,000
A contractor argued it was owed extra money for installing washers and dryers because the bid schedule only listed unit prices for the appliances...
Contract Claims 101: Common Construction Appeal Theories, Part 6
PilieroMazza - While Parts 4 and 5 of this series explored both common and less common theories available to contractors pursuing claims against the...
Design Debacle: The Government Promised a 100% Designed Project. It Delivered an Expensive Fiasco
The contractor sought compensation for 525 days of delay and disruption costs arising from the government's defective and incomplete design of a nearly one-million-square-foot...
Buried Treasure or Buried Trouble? Contractor’s Defective Specification Defense Falls Flat
The agency terminated a roofing contract for default. The contractor argued it should be excused because contract specifications created defects that would allow water...
When Historical Data Isn’t History: Contractor’s Negligent Estimate Claim Failed Despite Workload Changes
A contractor claimed the Air Force negligently estimated workload for a base operations contract, seeking $1.4 million for alleged increases above historical data. The...
Termination for Convenience and Termination Settlement Proposals – An Interview with Jonathan Mayo and Wiley Wright at the AGC Federal Contractors Conference – June...
Smith Currie Oles - Termination for Convenience remains one of the most consequential provisions in federal contracting. Successfully navigating the termination settlement process requires...
You May Have Encountered Unexpected Conditions, But that Doesn’t Make Them “Differing Site Conditions”
The contractor argued it encountered a Type I differing site condition when canal banks collapsed during a flood control project. A Type I claim...
Raytheon Loses Remand Fight Over Level 1 Cost Penalties, But Government Waived Right to CAS Penalties
After the Federal Circuit reversed the ASBCA's initial decision in favor of Raytheon, the contractor argued on remand that penalties for submitting unallowable lobbying...
When Two Forums Collide: Why Did COFC Transfer This COVID Delay Claim to the ASBCA?
The contractor argued its COVID-19 delay claim should stay in the Court of Federal Claims rather than be transferred to the Armed Services Board...
“As Is” Means the Buyer Bears the Risk: GSA’s Auction Disclaimer Defeats Vehicle Warranty Claim
An individual purchased a 2009 Ford Escape Hybrid at a GSA auction for $2,522. The auction notice disclosed that the hybrid battery was inoperable...
Wrong Door, Wrong Forum: Contractor’s Extraordinary Relief Claim Gets Dismissed
A contractor sought "extraordinary contractual relief" alleging fraud and business destruction by the Army Corps of Engineers. The Board dismissed the appeal for lack...
SUBSCRIBE
