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Can the Government Assert Prior Breach as an Affirmative Defense to a Termination for Convenience?
CBCA Dismissed Untimely Appeal, So Contractor Appealed to COFC. Could COFC Transfer the Appeal Back to CBCA?
Government Claimed Stock Sale Meant It Was No Longer in Privity with Contractor. CBCA Said Government Needed to Settle Down.
One JV Member Submitted a Claim, But the Other Member Withdrew It. Was There a Viable Claim?
COFC Says Government May Have Taken Contractor’s Property, Violated Fifth Amendment
Government Ordered the Minimum Under an IDIQ Contract. Can It Still Be Liable for Breach?
COFC Nixes Government’s Attempt to Use Discovery Process to Investigate Other Potential Claims Against Contractor
Is Negligent Performance a Tort or Contract Claim?
Government Attempts to Wriggle Out of Contract’s Indemnification Clause. COFC Says Nice Try.
Agency Said It Needed More Time for a Final Decision. The Contractor Appealed Anyway. Was the Appeal Premature?
You Can Ask the Agency to Reconsider a Final Decision, But that Doesn’t Stop the Appeal Clock from Running
Why Did the COFC Think a Contract to Provide Instruction Services to the Military Was a Commercial Items Contract?
Government Said Claim Was Barred by Accord and Satisfaction. Why Wasn’t ASBCA Convinced?
ASBCA Rejected Government’s Sovereign Acts Defense But Finds Contractor Is Not Entitled to COVID-Related Costs
Termination Notice Didn’t Include Notice of Appeal Rights. Why Didn’t the Federal Circuit Think the Deficiency Was a Big Deal?
CBCA Dismissed Appeal, Finding Software Licensor Was Not Party to a Procurement Contract. Why Did the Federal Circuit Reverse?
GSA Claimed Contractor Was Liable for Damage Caused by a Burst Pipe. Contractor Said It Was an Act of God. What Did CBCA Think?
You Can’t Claim Specifications Are Defective If You Don’t Follow Them
Contractor Said Agency’s Failure to Object to Non-Compliant Drawings Changed the Contract. CBCA Didn’t See It That Way.
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