Federal Circuit Affirms ASBCA Decision Finding Army Breached Agreement to Provide Security to Contractors in Iraq; Federal Circuit 2018-1022, Secretary of the Army v. Kellogg Brown & Root Services Inc.

The government’s appeal of ASBCA’s decision granting KBR’s breach of contract claim is denied, where the board properly concluded it had jurisdiction to hear KBR’s affirmative defense of breach of contract against the government’s claim for unallowable costs related to private security services in Iraq. The court explained that an affirmative defense does not have […]
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