ASBCA Allows Subcontractors’ Pandemic-Related Claims to Move Forward

Crowell & Moring – On December 20, 2023, the Armed Services Board of Contract Appeals denied the government’s motion to dismiss a prime contractor’s pandemic-related claims filed on behalf of its subcontractors.  The Board rejected the government’s arguments that the claims were barred by the affirmative defense of sovereign acts and that they failed to provide separate sums certain.