Government Contracts & Investigations

Category: Claims and Disputes

How Late Is Too Late to File a Claim?

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The Contract Disputes Act (CDA) governs claims under FAR-based Government contracts. More than forty years after its enactment in 1978, we are apparently still not all in agreement as to when the time for filing a claim has lapsed. On October 23, 2020, the complaint in Northrop Grumman Corp. (NGC) v. United States, Case 1:20-cv-01447-MHS,Read More

Topics: Claims and Disputes

Government’s Apparent Acquiescence Doesn’t Overcome “Plain” Contract Language

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Despite “troubling” government conduct, the Armed Services Board of Contract Appeals (ASBCA) recently denied an appeal arising out of electrical work performed on a $38 million construction project involving the ground-up construction of four buildings for the United States Army. The dispute in Watts Constructors, LLC, ASBCA No. 61493 involved the use of rigid conduitRead More

Topics: Claims and Disputes, Construction, Contract Administration

You Can’t Always Get What You Want…Unless You Actually Asked For It

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The Government was recently reminded of its responsibility to clearly articulate its requirements for contract performance in Command Language, Inc. d/b/a CLI Solutions, ASBCA No. 61216. There, the Government had sought the creation of 30 and 40 level maintenance manuals to support Afghan forces utilizing Mobile Strike Force Vehicles (MSFV) in Afghanistan. The Afghan forcesRead More

Topics: Claims and Disputes

EAJA Provides Relief to Construction Contractor for Government’s Bad Actions

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In Vet4U, LLC v. Department of Veterans Affairs, the Civilian Board of Contract Appeals awarded costs and attorney fees to the small business contractor that won its appeal pursuant to the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504, after finding the government’s position was not substantially justified. The EAJA is a usefulRead More

Topics: Claims and Disputes, Contract Administration