Articles
🔒 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.
How Did the Government Assert an Inadvertent Claim for Liquidated Damages?
Subcontractor Claimed Its Communications with Government Created an Implied Contract. Were Those Communications Just Coy Flirtation or a Real Commitment?
Can a Contractor Recover Costs Imposed by COVID Restrictions or Does the Sovereign Acts Doctrine Strike Again?
Did the Claimant’s Cost Reimbursement Contract Allow It to Wait Ten Years to Submit a Claim?
How Much Knowledge About the Government’s Alleged Liability Must One Possess to Certify a Claim?
Contractor Spent $100,000 in Legal Fees on a $34,000 Claim. Could It Recover All Its Fees Under the EAJA?
Were the Agency’s COVID-19 Restrictions a Constructive Change to the Contract?
ASBCA Takes Deep Dive Into Perplexing Metaphysical Conundrum: Are a Building’s Stairs Part of Its Structure?
If You’re a JV With a Claim, Make Sure You’re Clear on Which Partner Has Authority to Submit It
Contractor Tried to Shift Its Burden on Summary Judgment to the Board. How Do You Think that Went?
Think Your Contract has Defective Specifications? You Better Hope They’re Design, Not Performance, Specifications
The Government Told Me to Sign a Release or I Won’t Get Paid. Can I Claim Duress as Defense to the Release?
Did the Agency Concede Claim Through Ambiguously Worded Settlement Agreement?
Contractor Argued Agency Gave It Additional Time So Government Had Forfeited Right to Enforce Completion Date. Did the Federal Circuit Buy that Argument?
How the Continuing Claim Doctrine Can Salvage an Apparently Untimely Claim
Claimant Rejected Government Settlement Offer that Would’ve Saved Litigation Expenses. Did the Rejection Affect Claimant’s Request for Fees Under the EAJA?
Was the Contractor’s Almost Unbelievable Run of Misfortune—Abandonment by Counsel, Incarceration, Illness with COVID-19—an Excuse for Its Failure to Prosecute an Appeal?
Agency Terminated for Convenience But then Claimed Performance Was Deficient. Was the Contractor Still Entitled to Termination Costs?
ASBCA Reminds Everyone (and Apparently a Reminder Is Necessary) that Notice Pleading Doesn’t Require Exactitude
Keep reading
