Nichols Liu – In Pernix Serka Joint Venture v. Department of State, the Civilian Board of Contract Appeals recently sided with the government in refusing to pay contractor costs caused by the Ebola epidemic. This case, combined with the noncommittal positions taken by the U.S. Office of Management and Budget and various agencies, raises the risk that contractors and nongovernmental organizations, or NGOs, will be unable to recover costs related to the COVID- 19 pandemic.
