Course of Dealing

A “course of dealing” is a “sequence of previous conduct between the parties to an agreement which is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.”  T&M Distribs., Inc., ASBCA No. 51405...

Not a Claim

Contractors should use caution when submitting an appeal to a Board of Contract Appeals or the Court of Federal Claims.  Contractors must ensure that there is an underlying claim, pursuant to the Contract Disputes Act (“CDA”) that they can appeal.  One recent...