Courts, Boards, & GAO
When Your Prime Goes Bankrupt, Can You Make the Government Pay the Tab?
A subcontractor sought payment from the government after its prime contractor abandoned the work and filed for bankruptcy. The contractor argued it was a...
Contract Claims 101: Uncommon Theories, Part 5
PilieroMazza - While it is likely only a matter of time before contractors working for federal agencies become familiar with the government contract claim...
CBCA Clarifies Discovery Obligations Across Federal Agencies
Bradley - A recent order from the Civilian Board of Contract Appeals in Zhang v. General Services Administration offers important guidance on the scope...
Who Bears the Asbestos Risk? The Contractor Does.
This contractor challenged a default termination at the Court of Federal Claims, which granted summary judgment. The contractor appealed to the Federal Circuit, arguing...
Received a Cure Notice? What Government Contractors Should Do in the First 72 Hours
Bradley - A cure notice is one of the most serious warning signs a government contractor can receive. While it is not yet a...
Privity Required: Tenant at a Government-Owned, Contractor-Operated Facility Lacked the Contractual Relationship Necessary to Assert a Claim Against the U.S. Army
Husch Blackwell - As experienced government contractors know, the rights and remedies available to prime contractors and subcontractors vary markedly. Prime contractors have a...
CBCA Says Contractor Can Recover Six Years of Unpaid Meal Breaks and Overtime
A Liberian contractor working at the U.S. Embassy claimed he was owed compensation for unpaid meal breaks and overtime spanning six years. The contractor...
You Can’t Fight the Same Battle Twice: Issue Preclusion Negates Challenge to Default Termination
The Navy terminated the contractor’s task order for default after the contractor failed to assemble the required team of 20 professionals. The contractor filed...
Contract Claims 101: Common Theories, Part 4
PilieroMazza - Contractors working with federal agencies are governed by the Federal Acquisition Regulation (“FAR”), which has its own body of case law that...
Stuck in the Muck: Contractor’s Failure to Remove Sludge Mires Its Appeal
The contractor challenged a default termination, arguing it should be converted to a termination for convenience. The Board had to determine whether the contractor's...
Contractor Tried to Salvage a Dismissed Claim By Changing Its Legal Theory. The COFC Wasn’t Feeling It.
This contractor filed suit after a default termination. The contractor sought to amend its complaint to assert a new legal theory after one of...
ASBCA Says Government Doesn’t Have to Pay When Contractor Gives It Away for Free
A contractor that voluntarily provided online employment services to active duty Army personnel for over two years—hoping to eventually win a formal contract—filed a...
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