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Category Archives: Claims

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No Double-Dipping: Board Lacks Jurisdiction Over New Theories Asserted in Government’s Amended Answer

Posted in Claims, Cost/Cost Accounting
In AeroVironment, Inc. (Mar. 30, 2016), following an apparent settlement of the government’s cost disallowance claim, the ASBCA denied the government’s request to amend its answer (in order to “clarify” entitlement to additional quantum) because the proposed amendments constituted new “claims” that required new final decisions.  Acknowledging that parties may ordinarily revise quantum without running… Continue Reading

Claims Recovery Under Government Contracts

Posted in Claims
On Thursday, November 19, Crowell & Moring attorneys will discuss using contractor claims as a recovery mechanism under U.S. Government contracts on WFED radio. Listen in at 12:30 pm EST as these practitioners discuss how contractors can use claims as part of an overall strategy to ensure that both parties comply with contract terms and… Continue Reading

ASBCA’s FY 2015 Report – A Look at the Numbers

Posted in Claims
On October 20, the Armed Services Board of Contract Appeals published its FY 2015 Report of Transactions and Proceedings.  The report provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, DLA, DCMA, other Defense agencies, CIA, NASA, and the Washington Metropolitan Area Transit Authority.  This year’s… Continue Reading

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

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
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

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