Government Contracts Legal Forum

Category Archives: Claims

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Claims Practice Bulletin: Board Sides With Contractor on CDA Jurisdictional Issue

Posted in Claims
In Appeals of LRV Environmental, Inc., the ASBCA considered the issue of whether or not the Government’s “reconsideration” of a contracting officer’s final decision acts to re-set the 90-day clock for jurisdictional purposes under the CDA.  In LRV, the CO issued a final decision, and subsequently reconsidered a portion of that decision, leading the Board… Continue Reading

Bad News for Contractors: ASBCA Decision Bars Offsets of Simultaneous Accounting Changes Under FAR 30.606

Posted in Claims, Cost Accounting
In Raytheon Co., ASBCA Nos. 57801 et al. (May 7, 2015), the Board held that under FAR 30.606 contractors may not offset cost impacts from simultaneous accounting changes within the same business segment, which if not reversed on appeal will cause major disruptions when contractors make multiple changes in cost accounting practices made after 2005 (the date of the FAR change),… Continue Reading

OOPS 2015 Conference – Registration is Now Open!

Posted in Claims, Cybersecurity, Ethics & Compliance, Intellectual Property, Legal Developments
Congress v. White House – who will win the fight?  As they duke it out on policies and legislation that will impact government contractors, our legal team will help you identify vulnerabilities as well as possible opportunities.  We will cover a variety of topics, including: The New Fair Pay and Safe Workplaces Executive Order Developments… Continue Reading

C&M Joins Forces With the Litigation and Government Contracts Forums at ACC National Capital Region for April Forum on Sponsored Claims

Posted in Claims
On April 8, Crowell & Moring lawyers will present “The World of Sponsored Claims – Being Caught in the Middle,” at a forum hosted by the Association of Corporate Counsel of the National Capital Region.  This forum will be of interest to prime contractors and subcontractors alike, and will focus on some of the key considerations… Continue Reading

Federal Circuit Permits Contractor to Add New Claim to Pending Complaint

Posted in Claims
On February 12, 2015, the Federal Circuit issued an opinion in K-CON Building Systems, Inc. v. United States, addressing jurisdiction over contractor claims under the Contract Disputes Act (“CDA”). Specifically, K-CON Building Systems explores the implications of claim identification, and whether a contractor can add a new claim to a pending matter when the new… Continue Reading

Claims Practice Bulletin: What the Newly Interpreted “Non-Jurisdictional” CDA Statute of Limitations Means for Contractors

Posted in Claims, Legal Developments
As we discussed during Crowell & Moring’s webinar last week Top Headlines, Headaches, and Developments for Government Contractors to Watch in 2015, the CDA’s six-year statute of limitations has been a hot topic for both contractor and Government claims over the past several years. Until recently, the case law at the Federal Circuit, the Boards,… Continue Reading

Claims Practice Bulletin: Performance Fraud, Imputed Liability, and Antecedent Breach

Posted in Claims
As we discussed during Crowell & Moring’s webinar last week Top Headlines, Headaches, and Developments for Government Contractors to Watch in 2015, the recent ASBCA decision in Laguna Construction is likely to reverberate in 2015 and beyond. This case introduced the doctrine of “antecedent breach” in the ASBCA as a means of denying legitimate contractor… Continue Reading

Recent ASBCA Decisions Offer Refresher on Adherence to Board and CDA Requirements

Posted in Claims
Several recent Board decisions have turned on issues that serve as a reminder to contracting parties that a critical element of litigating CDA claims is adherence to statutory requirements and the Board’s rules. In Appeal of WorleyParsons, the ASBCA dismissed the government’s claim for alleged CAS violations as a nullity under the CDA, for two… Continue Reading

Applicable Statute of Limitations for CAS Violations Comes into Focus

Posted in Claims, Cost Accounting
The Contract Disputes Act, 41 U.S.C. §§ 7101-7109, sets forth certain prerequisites for the exercise of jurisdiction over claims. Among these prerequisites is a six-year statute of limitations, which is applicable to Government and contractor claims alike. With few exceptions, claims submitted more than six years after “accrual” are not valid and cognizable under the… Continue Reading

New Federal Circuit Decision May Impact Contractor Defenses To Government Claims

Posted in Claims
On June 17, 2010, the Federal Circuit majority ruled in M. Maropakis Carpentry, Inc. v. U.S. that it had no jurisdiction over the contractor’s defense, based on excusable delay, to the Navy’s liquidated damages claim for late completion, because the contractor had not filed a fully compliant “claim” under the Contract Disputes Act “CDA” (41… Continue Reading