If the Agency Didn’t Make a Representation About a Site’s Condition, It’s Difficult to Prove a Differing Site ConditionMarch 6, 2024
Contractor Asked ASBCA for Declaratory Relief. The Agency Then Terminated for Default. Could ASBCA Still Hear the Declaratory Appeal?March 6, 2024
Contractor Hadn’t Submitted a Claim for Its Affirmative Defense to a Termination. Did that Deprive ASBCA of Jurisdiction Over the Appeal?March 4, 2024
Claim Asserted a Lump Sum Certain for Costs Under Two Different Contracts. Why Did ASBCA Let It Slide?March 1, 2024
Federal Circuit Held Schedule Contract Incorporated Contractor’s Terms and Conditions. Now CBCA Has to Apply those Terms and Conditions.February 29, 2024
Was Failure to Anticipate the COVID-19 Pandemic a Mutual Mistake Warranting Reformation of the Contract?February 22, 2024
Agency Terminated Contract for Catastrophe. Was the Contractor Entitled to Termination Costs?February 15, 2024
Contractor Agreed to Multiple Accords and Satisfactions. Why Didn’t Those Accords Negate the Contractor’s Claim?February 8, 2024
ASBCA Can’t Tell If Contractor Had Already Been Paid for Claim, Denies Contractor’s Summary Judgment MotionFebruary 2, 2024
Parties Asserted Conflicting Readings of the Contract, But the Contractor’s Actions Undermined Its InterpretationFebruary 1, 2024
Contractor Had a Fixed-Price Task Order, But the Government Didn’t Order the Full Amount. Is the Contractor Entitled to the Full Contract Price?January 30, 2024
Contract Didn’t Incorporate FAR’s Requirements Clause. Why Did the Federal Circuit Hold the Contract Was a Requirements Contract?January 29, 2024
Does the ASBCA Have Jurisdiction to Hear COVID-Related Claims Arising Under the CARES Act?January 26, 2024
Contractor Wanted Reformation to Correct a $400,000 Bidding Mistake. CBCA Says Too Bad.January 26, 2024