YOLO: CBCA Finds Contractor Cannot Revive Its Expired Appeal Rights by Resubmitting a Claim

Crowell & Moring – On April 6, 2023, the Civilian Board of Contract Appeals (CBCA), in BES Design/Build, LLC, CBCA 7585, dismissed a contractor’s appeal for lack of jurisdiction, finding the appeal untimely, and underscoring that a contractor cannot reset the 90-day appeal window by resubmitting its original claim. This decision underscores the importance of timely appealing a claim upon the receipt of a final decision.