Can the Government Assert Prior Breach as an Affirmative Defense to a Termination for Convenience?April 9, 2024
CBCA Dismissed Untimely Appeal, So Contractor Appealed to COFC. Could COFC Transfer the Appeal Back to CBCA?April 2, 2024
Government Claimed Stock Sale Meant It Was No Longer in Privity with Contractor. CBCA Said Government Needed to Settle Down.April 2, 2024
One JV Member Submitted a Claim, But the Other Member Withdrew It. Was There a Viable Claim?March 28, 2024
Government Ordered the Minimum Under an IDIQ Contract. Can It Still Be Liable for Breach?March 26, 2024
COFC Nixes Government’s Attempt to Use Discovery Process to Investigate Other Potential Claims Against ContractorMarch 26, 2024
Government Attempts to Wriggle Out of Contract’s Indemnification Clause. COFC Says Nice Try.March 22, 2024
Agency Said It Needed More Time for a Final Decision. The Contractor Appealed Anyway. Was the Appeal Premature?March 21, 2024
You Can Ask the Agency to Reconsider a Final Decision, But that Doesn’t Stop the Appeal Clock from RunningMarch 20, 2024
Why Did the COFC Think a Contract to Provide Instruction Services to the Military Was a Commercial Items Contract?March 19, 2024
Government Said Claim Was Barred by Accord and Satisfaction. Why Wasn’t ASBCA Convinced?March 18, 2024
ASBCA Rejected Government’s Sovereign Acts Defense But Finds Contractor Is Not Entitled to COVID-Related CostsMarch 13, 2024
Termination Notice Didn’t Include Notice of Appeal Rights. Why Didn’t the Federal Circuit Think the Deficiency Was a Big Deal?March 12, 2024
CBCA Dismissed Appeal, Finding Software Licensor Was Not Party to a Procurement Contract. Why Did the Federal Circuit Reverse?March 11, 2024
GSA Claimed Contractor Was Liable for Damage Caused by a Burst Pipe. Contractor Said It Was an Act of God. What Did CBCA Think?March 8, 2024
Contractor Said Agency’s Failure to Object to Non-Compliant Drawings Changed the Contract. CBCA Didn’t See It That Way.March 7, 2024