Courts, Boards, & GAO
Agency Claimed It Gave Contractor Sufficient Notice Regarding the Exercise of an Option. ASBCA Wasn’t So Sure.
The agency denied the contractor's claim for a price adjustment under FAR 52.222-43 due to alleged failure to provide timely and appropriate notification regarding...
Contractor Didn’t Deliver on Time But Nonetheless Argued It Had Substantially Performed. ASBCA Didn’t Buy It.
The contractor sought compensation for lost profits and contract administration costs. It argued that it had substantially performed under the contract despite failing to...
Federal Circuit Holds Agreement Was Unenforceable Because It Wasn’t Incorporated Into the Contract
The issue in this case was whether an agreement regarding cost allocation for overhead, known as the "Drag agreement," was enforceable. The government argued...
Top Five Trends and Takeaways from the FY 2025 ASBCA and CBCA Annual Reports
Covington - As fiscal year 2025 closes, both the Armed Services Board of Contract Appeals (“ASBCA”) and Civilian Board of Contract Appeals (“CBCA”) released...
Government Requested Reconsideration of Decision Denying Summary Judgment, But the ASBCA Wasn’t Feeling It
A prior ASBCA decision found a genuine dispute of material fact regarding the scope of a release between the contractor and its subcontractor. The...
Contractor Dives Into Constructive Change Claim and Resurfaces Victorious
The contractor argued that the government’s requirement to employ a sixth crew member for underwater demolition work constituted a constructive change. This allegedly led...
Agency Argued Contractor’s Delay Claims Were Barred by Statute of Limitations. ASBCA Didn’t Fully Agree.
The contractor sought compensation, contending that delays caused by the agency significantly impacted the project timeline. The core issue was whether certain delay-related claims...
Federal Circuit Holds that Claimant’s Relationship to Contract Was Too Remote for Privity with the Government
Wolf Creek Railroad challenged the government's dismissal of its breach-of-contract claim. It argued that a contractual relationship existed between itself and the Army through...
Appeals Up, ADR Down at CBCA in 2025
Fox Rothschild - The Civilian Board of Contract Appeals (CBCA) recently posted its Annual Report for Fiscal Year 2025, which showed a significant increase...
Artificial Intelligence Saved Time But Ruined the Case
The Board struck down the contractor’s reply brief due to extensive inaccuracies attributed to erroneous AI-generated citations. The contractor argued that the citations were...
Why Did the USPS Pull the Plug? Analyzing Contract Termination
The contractor challenged the government’s early termination of its mail transportation contract. It argued that the U.S. Postal Service (USPS) violated the contract terms...
Terminations Episode 2: Grounds for Default: When is the Government Justified?
Seyfarth - When can the government legitimately terminate a contract for default? In this episode, we break down the entitlement side of T4D, anchored...
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