ASBCA Allows Government to Assert Affirmative Defense of Unclean Hands; ASBCA Nos. 60448, Appeals of Raytheon Company

The government’s motion to amend its answer to assert an affirmative defense of “unclean hands” is granted, where the government was not required to submit its claim to the contracting officer because it does not seek money or an adjustment of the contract terms, and where ASBCA found no evidence the government unduly delayed raising this defense.