by Richard D. Lieberman, Consultant | Jul 31, 2018 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
A recent Armed Services Board Case gave some insight on the 6-year statute of limitations for filing claims under the Contract Disputes Act (“CDA”), explaining the circumstances under which equitable tolling could operate to extend the 6 years. Unfortunately, it did... by Richard D. Lieberman, Consultant | May 22, 2018 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
An Air Force contracting officer (“CO”) receives an email referencing Contract No. H92237-13-C-5002 (the “Contract”) for general labor services for a base in Afghanistan. The General Director of Tawhid Afzali Construction Company (“TACC”), Mr. Muhmmad Nazeer, states... by Richard D. Lieberman, Consultant | Feb 13, 2018 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
A recent Armed Services Board of Contract Appeals (“ASBCA”) case confirms the fact that a contractor may not assign claims to a surety that waives the contractor’s right to appeal a contracting officer’s decision to the Board. Ikhana, LLC, ASBCA Nos. 60462 et al.,... by Richard D. Lieberman, Consultant | Feb 6, 2018 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
In Fiscal Year 2017, the number of appeals docketed at the Armed Services Board of Contract Appeals (“ASBCA”) declined slightly, however, there was a slight increase in the percentage of appealed sustained. Report of Transactions and Proceedings of the ASBCA for the... by Richard D. Lieberman, Consultant | Nov 28, 2017 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Government Contracting
The Contract Disputes Act of 1978 (“CDA”) contains a few simple requirements for claims over $100,000, including certification. Yet to this day contractors have consistently violated the certification requirements and, as a result, had their claims dismissed by the... by Richard D. Lieberman, Consultant | Nov 27, 2017 | Afterthoughts with Ralph Nash, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
On November 14, 2017, a PCI Consultant posted a blog article about Requests for Equitable Adjustments (“REA”) versus claims. It seems to me that the original discussion and the blog overlooked an important problem in contract administration today—the failure of...