by Richard D. Lieberman, Consultant | Dec 8, 2021 | Uncategorized
By Richard Lieberman, Consultant A “release” is the “act of giving up a right or claim to the person against whom it could have been enforced.” Black’s Law Dictionary (10th Ed, 2014). Releases are frequently used by the government in modifications (for change orders... by Richard D. Lieberman, Consultant | Dec 1, 2021 | Uncategorized
Copyright 2021 Richard D. Lieberman, Consultant & Retired Attorney Two recent Government Accountability Office (“GAO”) protest decisions highlighted once again the difference between an offeror’s experience and its past performance, and how this difference plays...
by Richard D. Lieberman, Consultant | Nov 24, 2021 | Uncategorized
This blog has repeatedly explained that options in a contract must be exercised by the government in strict accordance with the terms of the option. However, a recent case as the Armed Services Board reminds us that there are normally two ways to continue a services... by Richard D. Lieberman, Consultant | Nov 17, 2021 | Uncategorized
By Richard D. Lieberman, Consultant There is a long line of precedent which has established that contract terms that are agreed upon by the parties must be enforced. See Madigan v. Hobin Lumber Co, 986 F.2d 1401 (Fed. Cir. 1993). Recently, the Civilian Board of... by Richard D. Lieberman, Consultant | Nov 10, 2021 | Uncategorized
By Richard D. Lieberman, Consultant The Armed Services Board of Contract Appeals (“ASBCA”) recently held that the accrual of a claim occurs when some injury has occurred to a contractor. Actual monetary damages need not have been occurred. BNN Logistics, ASBCA Nos.... by Richard D. Lieberman, Consultant | Nov 3, 2021 | Uncategorized
By Richard D. Lieberman, Consultant In a jurisdictional case, the Armed Services Board of Contract Appeals again reaffirmed that it had jurisdiction to consider claims when there are allegations of fraud in the contract, as long as there aren’t allegations of fraud in...