This blog post was co-authored by Kevin Slattum and Arash Heidarian. The ASBCA has again rejected the government’s attempt to narrowly construe the Contract Disputes Act (“CDA”) statute of limitations (“SOL”) in the context of a government claim arising from a contractor’s changed accounting practices that resulted in increased contract costs. In Raytheon Co., Space… Continue Reading
Tag Archives: Contract Disputes Act
ASBCA Denies Contractor’s Appeal to Overturn Termination for Default Because Contractor Submitted False Documents to Obtain Contract
Posted in Fraud & AbuseThis blog posted is authored by Katherine M. John and Justin M. Ganderson. Earlier this month, we blogged about a growing trend in government contracts litigation: the government’s increased reliance on fraud allegations. This trends continues in a recent decision from the Armed Services Board of Contract Appeals (“ASBCA”): Servicios y Obras Isten S.L., ASBCA… Continue Reading
Another Government Claim Bites The Dust Due to DCAA Tardiness
Posted in Cost AccountingThis blog post was co-authored by Kevin Slattum and Judy Choi. Once again, the government has lost a claim because it acted too slowly. In Raytheon Missile Systems (“Raytheon”), ASBCA No. 58011 (Jan. 28, 2013), the Armed Services Board of Contract Appeals (“ASBCA” or “Board”) held that the government’s $17 million claim against Raytheon was time barred… Continue Reading
The CDA’s 6-Year Statute of Limitations Period Continues to Make Headlines
Posted in Statute of LimitationsThis blog post was authored by Tom Lemmer, Steve Masiello, Tyson Bareis, and Justin Ganderson. One trend that we’ve been following closely is the successful use of the (“CDA”) six-year statute of limitations period by contractors and the United States to dismiss claims at the inception of a lawsuit. (See our prior blog posts regarding… Continue Reading
Federal Circuit Tackles Equitable Tolling, Again
Posted in Equitable TollingThis post was co-authored by Mike Rizzo and Justin Ganderson. On November 9, the Federal Circuit issued Arctic Slope Native Association Ltd. v. Sebelius, No. 2011-1485 (Fed. Cir. Nov. 9, 2012) (“Arctic Slope II”) – a follow-up to its 2009 decision of the same name which first introduced the concept of equitable tolling to the Contract Disputes… Continue Reading
M. Maropakis Carpentry Rises Again
Posted in Claims & DisputesThis blog post was co-authored by Beth Ferrell. The ASBCA’s recent decision in ERKA Construction Co., Ltd., ASBCA No. 57618 provides more guidance about how the boards and courts will interpret the Federal Circuit’s 2010 M. Maropakis Carpentry decision (609 F.3d 1323) where the Federal Circuit held “that a contractor seeking an adjustment of contract terms… Continue Reading
Court of Federal Claims Again Stands Up for Fairness in Application of the CDA Statute of Limitations
Posted in Claims & DisputesIn yet another decision, the Court of Federal Claims (“COFC”) has held that the Contract Disputes Act’s 6-year statute of limitations applies to the government, just like it applies to contractors. Back in April, we blogged about the COFC’s decision in Raytheon Company v. United States, COFC No. 09-306C (Apr. 2, 2012) in which the… Continue Reading
Contractor’s Breach of Contract Claim is Time-Barred, According to Federal Circuit
Posted in Claims & DisputesOn April 6, 2012, we reported on Raytheon Company v. United States, COFC No. 09-306C (Apr. 2, 2012), where the Court of Federal Claims found that the government’s $25 million claim against the contractor was time-barred under the Contract Disputes Act’s (“CDA”) six-year statute of limitations. In our blog post and our client advisory about this… Continue Reading
The Court of Federal Claims Protects Contractor from the Government’s Tardy $25 Million Claim
Posted in Claims & DisputesOn April 2, 2012, the Court of Federal Claims issued a key decision that protects contractors from facing tardy claims asserted by the government, and reinforces the power of the Contract Disputes Act’s (“CDA”) six-year statute of limitations period. In Raytheon Company v. United States, COFC No. 09-306C (Apr. 2, 2012), the Court of Federal… Continue Reading