Contractor Failed to Adhere to Contract’s Terms, Has to Eat Taxes that Should Have Been Paid by Government; 13151 W. Alameda Parkway, LLC v. General Services Administration, CBCA 7126September 9, 2021
Claim Accrues at the Time of Injury, Not When the Extent of Damages Are Known; Appeals of BNN Logistics, ASBCA Nos. 61841 et al.September 7, 2021
CBCA Won’t Sanction Agency for Missing Discovery Deadline Given Contractor’s “Aggressive” and “Somewhat Oppressive” Approach to Document Production; 4K Global-ACC Joint Venture, LLC v. Department of Labor, CBCA 6683 et al.August 31, 2021
Contractor Can’t Assert Argument on Appeal Not Raised in Underlying Claim; Active Construction, Inc. v. Department of Transportation, CBCA 6597August 31, 2021
Contractor Fails to Provide Data to Refute Government’s Offset Claim, Gets Only a Fraction of Its Alleged Damages; Appeal of URS Federal Support Services, Inc. ASBCA No. 59998-QUANAugust 26, 2021
New Theory Asserted on Appeal Was Supported by “Operative Facts” Alleged in Underlying Claim; Appeals of Huffman Construction, LLC, ASBCA Nos. 62591, 62783August 25, 2021
Multiple Final Decisions Confused Contractor, Extended Deadline for Appeal; U.S. Pan American Solutions, LLC, ASBCA No. 62629August 25, 2021
Contractor Erroneously Appealed in the Name of Predecessor Entity, But Board Allows Substitution of Real Party in Interest; Alares, LLC, v. Department of Veterans Affairs, CBCA 6149 et al.August 23, 2021
Contractor Violated Requirement to Use U.S.-Flag Vessels, Has to Pay the Price; Appeal of AICI-Archirodon, JV, ASBCA No. 62201August 20, 2021
ASBCA Stays Proceedings to Allow for Civil Fraud Investigation; Appeals of TIYA Support Services, ASBCA Nos. 62648 et al.August 19, 2021
Someone, at Some Point, Said Something Misleading: ASBCA Opines that If Contractor Needs Discovery to Identify Statement that Fraudulently Induced It to Enter Release, It Probably Doesn’t Have a Viable Fraudulent Inducement Theory; Appeals of Odyssey International, Inc., ASBCA Nos. 62062, 62279August 18, 2021
ASBCA May Hear Appeal Involving Allegations of Fraud in the Contract; Appeals of Tetra Tech EC, Inc. ASBCA Nos. 62449, 62450August 18, 2021
Agency Waited Too Long to Revoke Acceptance of Non-Conforming Items; Appeal of Standbuy Distributors, Inc., ASBCA No. 62721August 10, 2021
Contractor Alleges Task Order Was a Stand-Alone Contract, But CBCA Finds It’s Just a “Funding Document”; Roc Joi Medical Imaging, LLC v. Department of Veterans Affairs, CBCA 6885, 7051August 6, 2021
ASBCA Says Laches No Longer a Valid Affirmative Defense Against CDA Claim; Appeal of Lockheed Martin Aeronautics Company, ASBCA No. 62209August 4, 2021
Contractor’s Request for Summary Judgment on Government Claim Gets Mired in Factual Issues; Appeal of Thomas J. David, Inc., ASBCA No. 62634August 3, 2021
Foreign Subcontractor Has Standing to Sue Government for Fifth Amendment Taking; Paktin Construction Company v. United States, COFC No. 19-1817August 2, 2021
“I Can’t Quit You Baby”: Agency Says It Didn’t Exercise Options, But Board Asks Why Agency Kept Placing Orders After Base Year; Grand Strategy, LLC v. Department of Veterans Affairs, CBCA 6795August 2, 2021
“Here’s the Creek, But You Don’t Get a Paddle”: Agency Decision Not Required to Identify CBCA as the Proper Forum for an Appeal; Cherokee 8A Group v. Department of Veterans Affairs, CBCA 7107July 30, 2021
