Prevailing Claimant Unable to Recover Fees Under EAJA Because Government’s Position Was Substantially Justified; Application Under the Equal Access to Justice Act of Buck Town Contractors & Co., ASBCA No. 60939-EAJA

Request for attorney’s fees under the Equal Access to Justice Act is denied. The contractor had prevailed on a claim asserting that the government had constructively waived a contract requirement and sought to recover fees under the EAJA. A claimant can only recover fees under the EAJA if the government’s litigation position was not substantially […]
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