The Civilian Board of Contract Appeals reminded us last week how unforgiving the Board’s timeliness rules can be for unsuspecting contractors. In Schunck v. General Services Administration, January 31, 2013, CBCA No. 3079, the Board dismissed the appellant’s case because it was not timely filed under the Contract Disputes Act (CDA), 41 U.S.C. § 7101, … Continue Reading
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