Courts, Boards, & GAO
The Clock Is Still Ticking — Claims Timeliness Across the Boards and at the COFC
Seyfarth associates Zach Jacobson and Sarah Barney reunite to discuss timeliness issues – this time in contract claims and claim appeals.
More at Seyfarth
Government Contract Claims 101: A Contractor’s Guide to REA, Terminations and Other Resolutions
Holland & Knight - Even with diligent performance, government contractors frequently encounter issues related to contract changes, government-caused delays, and unexpected terminations that can...
Contract Claims 101: The Fundamentals of Contract Administration Disputes
PilieroMazza - The Contract Disputes Act (CDA) provides the framework governing contract disputes between contractors and the government. Understanding the claims process is vital...
The CBCA May Have Ignored Your Argument, But that Doesn’t Mean the Board Committed Legal Error
When the General Services Administration reduced a contractor’s monthly payments because some janitorial and HVAC positions went unfilled, the contractor fought back—and won. The...
Indirect Doesn’t Mean Exempt: ASBCA Rejects Cross‑Motions Over U.S.-Flag Transportation Costs
Covington - The Armed Services Board of Contract Appeals’ (ASBCA) decision in Lockheed Martin Aeronautics Co. reinforces a critical principle for government contractors: contract...
ASBCA Finds that Claimant May Have Had an Agreement, But It Did Not Have a Contract
The contractor contested the Defense Health Agency's decision to cancel an incentive agreement for sterilization packaging supplies. The contractor argued that the incentive agreement...
ASBCA Affirms that It Has Authority to Unconditionally Dismiss an Appeal Without Prejudice
The contractor sought to dismiss its appeal for termination costs without prejudice. The contractor argued that its financial situation changed after the agency opted...
A Chilly Reception: Federal Circuit Upholds Army’s Refund for Deleted Pipe Work
Korte Construction appealed an ASBCA decision. The Board granted summary judgment for the Army, ordering the contractor to refund $493,639.43 for chilled water improvements...
Contractor Convinced Board to Reconsider Dismissal of Appeal Only for the Board to Dismiss Again on Different Grounds
The ASBCA dismissed an appeal because the contractor had not submitted a claim to the contracting office. The contractor sought reconsideration, arguing that it...
CBCA Says Contractor Has to Eat Consequential Damages After Termination for Convenience
The contractor appealed a deemed denial of its claim for costs after the agency terminated its contract for convenience. The contractor argued that the...
Contractor Cited At Least Ten Non-Existent Cases, But ASBCA Declined to Dismiss, Finding that Contractor’s Carelessness Was Neither Contumacious or Contemptuous
The contractor appealed a termination for default. The government sought dismissal of the appeal, accusing the contractor of relying on fabricated legal citations potentially...
Ship Happens: ASBCA Says Lockheed Cannot Bill Foreign-Flag Transportation Expenses as Indirect Costs
The government disallowed over $98 million is costs from various Lockheed Martin contracts. The government found that Lockheed had not complied with the clause...
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