by Richard D. Lieberman, Consultant | Jul 6, 2021 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
The Federal Circuit recently held that the Court of Federal Claims has jurisdiction over a claim that the government breached an implied-in-fact contract to fairly and honestly consider an offeror’s proposal in the procurement context. This was a question that had...
by Richard D. Lieberman, Consultant | Jun 22, 2021 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
One of the bedrock principles of the Contract Disputes Act (“CDA”) is that each claim by a contractor relating to a federal contract shall be submitted to the Contracting Officer (“CO”) for decision. 41 USC § 7103(a)(1). For a board or a Court to possess...
by Richard D. Lieberman, Consultant | Jan 19, 2021 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
Report of the Armed Service Board of Contract Appeals for 2020 On October 27, 2020, the Armed Services Board of Contract Appeals (“ASBCA” or “Board”) released its report on transactions and proceedings for fiscal year (“FY”) 2020. The report is interesting for its...
by John Plinke | Nov 29, 2020 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
PCI has started a new webinar series, the Case of the Month Club. Each month PCI’s Government Contracts law experts will discuss one or two recent cases. If you do not need credit for the session, join for free at this link, using the code: NoCreditFree Here is a...
by Richard D. Lieberman, Consultant | Sep 15, 2020 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Government Contracting
Contractor’s Interpretation Must be Reasonable in Type 1 Differing Site Conditions Claim. The Federal Circuit recently discussed the requirements of a “differing site conditions” claim under the appropriate contract clause. U.S Army Corps of Engineers v. John...
by Richard D. Lieberman, Consultant | Jul 21, 2020 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
In a recent case at the Civilian Board of Contract Appeals, the Board reasserted that a contractor may appeal a government claim without submitting a formal claim to the Contracting Officer, and the Board will have jurisdiction over the appeal. Suffolk Const. Co.,...