Government Contracts & Investigations

Category: Claims and Disputes

A Case for Protecting Data Rights – The Boeing Co. v. Secretary of the Air Force

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The Government has many rules regarding the protection of data. Government contractors must understand these rules and the importance of timely and properly marking data that they own or develop in performance of a government contract in order to protect it from unauthorized use, release or disclosure by both the Government and third parties.. TheRead More

Topics: Claims and Disputes

Contractors Should Not Leave Money on the Table: The Federal Circuit Clears the Way for Boeing to Use the Tucker Act to Sue DoD for “Illegal Exaction” in Connection with Contract Costs

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In these unprecedented, economically-challenging times for the aviation industry, it is especially important that airlines, manufacturers and other industry stakeholders have an accessible avenue open to them for pursuing reimbursement claims against the federal government arising out of government contracts. In a decision handed down last August, Boeing Co. managed to reverse its fortunes andRead More

Topics: Aviation, 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