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🔒 Members Only · Protests & Claims BriefYou’ve reached the member portion of this brief.Members read the full analysis and the source documents in every Brief, six days a week.
Claims Against Government Arose Out of Contracts Entered During World War II. Why Weren’t the Claims Barred by Laches?
Contractor Claimed Government Destroyed Evidence. Why Didn’t this Warrant an Adverse Inference?
ASBCA Finds COVID Mitigation is a Sovereign Act
Agency Withdrew Final Decision and Moved to Dismiss Government Claim. Why Did the Contractor Want to Keep Litigating?
Surety Took Over Contract After Contractor Defaulted. Why Couldn’t Surety Assert a Claim Against the Government?
Does the Government Have Data Rights in a Contractor’s Vendor List?
Regulation Stated Contract Applicants Could Appeal to CBCA. Did this Allow CBCA to Hear Appeals that Are Effectively Protests?
Agency Said Contractor Misrepresented Which Entity Survived a Merger. Did the Alleged Misrepresentation Invalidate Assignment of a Government Contract?
Is a Contractor Required to Mitigate Damages Before a Breach Even Occurs?
Contract Interpretation Is a Question of Law. Does this Principle Preclude Expert Testimony on Contract Terms?
Contractor Said Performance Was More Expensive than Expected. Why Did the Federal Circuit Find that Performance Was Not Impractical?
If Your Claim Involves an Order Under a GSA Schedule Contract, Do You Submit the Claim to GSA or the Ordering Activity?
Government Contracts Legal Round-Up
Did the Contract Contain Defective Specifications or Did You Just Unrealistically Assume Optimal Conditions?
Contractor Didn’t Assert Fraud as Defense to a Release. Why Did ASBCA Find that Fraud Precluded Summary Judgment for the Government?
Claimant Alleged GSA Sold the Company a Lemon. Why Wasn’t the Claimant Entitled to a Price Reduction?
Can a Surety Assert a Claim that Arose Before the Surety Took Over the Contract?
Agency Solicited Work It Didn’t Need. Why Didn’t the Agency Have to Pay the Contractor for the Unnecessary Work?
Was the Government’s Decision to Wait Over a Year Before Rejecting Non-Conforming Items Substantially Justitied Under the EAJA?
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