Appeals Up, ADR Down at CBCA in 2025
The Civilian Board of Contract Appeals (CBCA) recently posted its Annual Report for Fiscal Year 2025 (FY25), which showed a significant increase in appeals but decrease in Alternative Dispute Resolution (ADR). In FY25, the CBCA docketed a total of 390 new cases, a marked increase from 319 in FY24. Of those 390 new cases, 222 were Contract Disputes Act (CDA) appeals, up from 165 the previous FY.[1] Conversely, the CBCA’s ADR proceedings numbered 52, down from 73 in FY24. This trend is an inverse from the prior year, which saw a decrease in CDA appeals and an increase in ADR proceedings.[2] However, the shift is consistent with statistics reported by the Armed Services Board of Contract Appeals, which saw a significant increase in total docketed cases and a marginal decrease in ADR proceedings during FY25. The administration’s contract terminations and other efforts to cut what it considers wasteful federal spending may have led to the increased traffic at the boards of contract appeals.The rate of success for ADRs also dipped in FY25. In FY23, nearly 70% of ADR proceedings resolved the dispute and, in FY24, a whopping 80% of proceedings resolved the dispute. By contrast, in FY25, only 28 of 52 ADR proceedings ended in resolution—a success rate of just over 50%. The decline in successful ADRs may signal a push from the administration to aggressively litigate contractor claims.
