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Just Because Claim Is a Little Sus Doesn’t Mean It “Involves” Fraud; Appeals of Nauset Construction Company, ASBCA Nos. 61673, 61675
Issues of Fact Preclude Summary Judgment on Government’s Affirmative Defense of Release; Appeal of Shneez Veritas, LLC, ASBCA No. 62067
ASBCA Finds that Government Failed to Meet Its Burden of Proof in Denying Various Allegedly Unallowable Costs; Appeals of Raytheon Company and Raytheon Missile Systems, ASBCA Nos. 59435 et al.
It’s in There Somewhere: ASBCA Rejects Contractor’s Implied Claim Certification Theory; Appeals of Kamaludin Slyman CSC, ASBCA Nos. 62006, 62007, 62008
I Know You Are But What Am I? Factual Issues Prevent Board from Determining Whether Contractor’s Default Was Excused by Government’s Prior Breach; Appeals of Assist Consultants Inc., ASBCA Nos. 61525, 62090
ASBCA Precludes Government from Assessing Full Amount of Liquidated Damages for a Late But Substantially Completed Project; Appeal of Sauer Incorporated, ASBCA No. 62395
Federal Circuit Doesn’t Let GSA Wriggle Out of Real Estate Taxes Owed to Contractor; NOAA Maryland, LLC v. Administrator of the General Services Administration, Fed. Cir. 2020-1548
Can’t Stop, Won’t Stop: Government Liable for Intransigently Continuing to Use Contractor-Provided Software After Contract Expired; Force 3, LLC v. Department of Health and Human Services, CBCA 6654
Contractor Thought It Was Negotiating With Agency, But CBCA Finds It Was Haggling with the Void; S & DF Properties, LLC v. General Services Administration, CBCA 6809
Solicitation Subverted Intent of SBA’s Mentor-Protégé Regulations and Contained an Inscrutable, Undefined Requirement; Innovate Now, LLC, GAO B-419546
ASBCA Denies Claims Not Causally Related to Alleged Breach; Appeals of John Shaw LLC d/b/a Shaw Building Maintenance, ASBCA Nos. 61379, 61585
Board May Lack Jurisdiction to Hear Claims Arising from Bill of Lading, But CBCA Finds It Has Jurisdiction Over Claim Alleging Breach of Agreement to Enter Bill of Lading; Vanguard Business Solutions v. Department of State, CBCA 6951
Mere Suspicion of Fraudulent Claim Is Not Enough to Divest Board of Jurisdiction Over Appeal; Widescope Consulting and Contracting Services v. Department of Health and Human Services, CBCA 6895
DCMA Letter Expressing Some Thoughts About Unallowable Costs Was Not a Government Claim; Appeal of Northrop Grumman Corporation, ASBCA No. 62189
No Constructive Change When the Agency Did Not Unequivocally Direct Contractor to Alter Performance; Appeals of David Boland, Inc., ASBCA Nos. 61923, 61924, 61925
ASBCA Declines to Hear New Arguments Raised in a Motion for Reconsideration; Appeals of CDM Constructors Inc. ASBCA Nos. 62026, 62088, 62089
I Asked for a Way to Blend Lean and Fatty Meat Products and You Gave Me Lies: ASBCA Finds Contractor Fraudulently Induced Agency to Buy a Meat Grinder; Appeals of Hollymatic Corporation, ASBCA Nos. 61920, 61956
Contractor Can’t Sidestep Release It Executed Relieving Government of Liability for Delay; Glen/Mar Construction, Inc. v. Department of Veterans Affairs, CBCA 6904
Contractor Can’t Recover Costs for a Contract It Never Performed; Prime Tech Construction, LLC v. Department of Energy, CBCA 6682, 6765, 6767
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