“Two Roads Diverged in a Yellow Wood . . .”: Uncertainty as to Alternative Sums In Claim Not Fatal to Appeal; Appeal of Constellation NewEnergy, Inc., ASBCA No. 62518December 18, 2020
ASBCA Declines to Reconsider Decision Dismissing Appeal; Appeal of Golden Build Company, ASBCA No. 62294December 17, 2020
Contractor Unable to Prove that Government’s Claims for Expressly Unallowable Costs Are Barred by CDA Statute of Limitations; Appeals of Advanced Technologies Group, Inc., ASBCA Nos. 59986, 61092December 16, 2020
CBCA Orders FEMA to Reimburse Local Utility for Disaster Relief Agreement Even Though Agreement Was Not Enforceable Contract; In the Matter of Florida Keys Electric Cooperative, CBCA 6822-FEMADecember 15, 2020
Contractor Waited Too Long To Get Paid; Appeal of Anis Avasta Construction Company, ASBCA No. 61926December 14, 2020
CBCA Can’t Hear Appeal Filed One Day Late; JAF Supply, Inc. v. Department of Veterans Affairs, CBCA 6934December 11, 2020
Government Claim for Overpayment Not Untimely Even Though Government Discovered Contractor’s Non-Existent Accounting System More than Six Years Before Final Decision; Appeal of Doubleshot, Inc. ASBCA No. 61691December 9, 2020
Contractor Cannot Recover for Defective Estimates Under an IDIQ Contract; RocJoi Medical Imaging v. Department of Veterans Affairs, CBCA 6885December 8, 2020
CBCA Orders Agency to Redo Its Privilege Log; 4K Global-ACC Joint Venture, LLC v. Department of Labor, CBCA 6683 et al.December 3, 2020
Contractor that Signed a Release While the Government Was In Breach Doesn’t Have a Claim; Appeals of Alistiqama Co. ASBCA Nos. 62501, 62502December 2, 2020
Contractor Prevails on Entitlement Portion of Claim But Fails to Establish Quantum; Appeal of CDM Constructors Inc., ASBCA Nos. 62026, 62088, 62089November 30, 2020
Contractor Alleged It Was Coerced Into Terminating Contract, But ASBCA Finds No Reasonable Fact Finder Could Believe Contractor’s Allegations; Appeal of Exceed Resources, Inc., ASBCA No. 61652November 24, 2020
Prime Contractor’s Settlement of Litigation with Subcontractor Did Not Negate Prime’s Claims Against the Government; Appeal of JAAAT Technical Services, LLC, ASBCA No. 62373November 23, 2020
Second Appeal Does Not Relate Back to a Previous Appeal If the Previous Appeal Is No Longer Pending; Appeals of DCX-CHOL Enterprises, Inc., ASBCA Nos. 62453. 62454November 23, 2020
Miami Airport Fails to Shake Its Body, Fails to do the Conga, and Only Files an Untimely Claim After It Can’t Control Itself Any Longer; Miami-Dade Aviation Department v. General Services Administration, CBCA 6689, 6784November 20, 2020
CBCA Lacks Jurisdiction to Hear Appeal Filed One Day Late; JAF Supply, Inc. v. Department of Veterans Affairs, CBCA 6934November 20, 2020
Issues of Fact Concerning Whether “Blocky and Angular” Rock Met Contract Requirements Preclude Summary Judgment for Either Party; Appeal of Trade West Construction, Inc., ASBCA No. 61068November 19, 2020
Agency’s Deviation from Contract Not a Breach Because It Followed Instructions from Individual With Apparent Authority to Bind Contractor; Appeal of Aspen Consulting, LLC, ASBCA No. 61122October 30, 2020
ASBCA Finds Government Is on the Hook for Northrop Grumman’s Underfunded Pension Plan; Appeal of Northrop Grumman Corporation, ASBCA No. 61775October 29, 2020
Factual Disputes Concerning Alleged Constructive Change and Differing Site Conditions Preclude Summary Judgment on Contractor’s Appeal of Default Termination; Cherokee General Corporation v. United States, COFC No. 18-412COctober 29, 2020
