Contractor’s Confusing Claim Certification Merely Defective, Did Not Deprive Board of Jurisdiction; Appeal of Wright Brothers, the Building Company, Eagle LLC, ASBCA No. 62285October 27, 2020
Government Not Required to Foot the Bill for Contractor’s Golden Parachute; Appeal of DynCorp International LLC, ASBCA No. 61950October 21, 2020
Claimant Can’t Prove It Had Settlement Agreement With Assistant U.S. Attorney Regarding Termination of Contract; Appeal of U.S. Coating Specialties & Supplies, LLC, ASBCA No. 58245October 20, 2020
Prevailing Claimant Unable to Recover Fees Under EAJA Because Government’s Position Was Substantially Justified; Application Under the Equal Access to Justice Act of Buck Town Contractors & Co., ASBCA No. 60939-EAJAOctober 20, 2020
Claim Seeking Return of Non-Conforming Items Lacked Sum Certain, Failed to State Valid Claim; Appeal of Sweet Star Logistic Service, ASBCA No. 62082October 19, 2020
Contractor’s Settlement of False Claim Investigation Not an Admission of Fraud that Voided Contract; Regiment Construction Corp. v. Department of Veterans Affairs, CBCA 6449October 13, 2020
Appeal Filed Solely Under the Name of Prime Contractor Did Not Allege Different Operative Facts Than Underlying Claim Filed Under Names of Prime and Subcontractor; TKC Global Solutions, LLC v Department of the Interior, CBCA 6742October 9, 2020
ASBCA Relaxes Prohibition on Typed Signatures for Claims, Allows Claimant to Certify With a Typed Name at the End of an Email; Appeals of Kamaludin Slyman CSC, ASBCA Nos. 62006, 62007, 62008October 8, 2020
CBCA Finds FEMA Must Reimburse State Agency for Disaster Relief Services that Were Contracted for But Never Used; In the Matter of Virginia Department of Emergency Management; CBCA 6848-FEMAOctober 2, 2020
Government Not Required to Pay Full Negotiated Fee on Cost Plus Fee Contract If It Has Not Obligated Funds Up to the Negotiated Amount; Appeals of APTIM Federal Services, LLC, ASBCA Nos. 62052, 62133October 1, 2020
Competing Evidence on Effect of Contract Modification Precludes Summary Judgment on Contractor’s Accord and Satisfaction Defense; Collecto, Inc. v. Department of Education, CBCA 6001September 28, 2020
Local Government’s Failure to Document Costs Paid to Contractor for Disaster Relief Precluded Recovery from FEMA Under Stafford Act; In the Matter of Monroe County, Florida, CBCA 6716-FEMASeptember 25, 2020
Contractor Entitled to Partial Payment—as Opposed to No Payment—for Performance that Fell Short of Levels Promised in Contract; Appeals of Philips Lighting North American Corporation, ASBCA Nos. 61769 et al.September 21, 2020
Government’s Approval of Design that Deviated from Specifications Did Not Change Contract Requirements; Appeal of ECC International, LLC, ASBCA No. 58875September 21, 2020
Government Not Required to Help Contractor Retain Workers at Poverty-Level Wages; Appeals of Zalzar FZE , ASBCA Nos. 59545 et al.September 18, 2020
Contractor Unable to Convince ASBCA to Retain Jurisdiction Over a Moot Dispute; Appeal of DynCorp International, LLC. ASBA No. 62227September 16, 2020
Landlord of Post Office Unable to Foist Hurricane Damages Costs Onto Postal Service; Valdes v. United States Postal Service, PSBCA No. 6761September 16, 2020
ASBCA Affirms Liberal Construction of Notice of Appeal Requirements, Finds Parties’ Joint Status Report Was Effective Notice of Appeal of Contractor Claim; Appeals of Archer Western Aviation Partners, ASBCA Nos. 62035 et al.September 15, 2020
Absence of Express Language Requiring Payment for the Last 20 Years of a 50-Year Contract Does Not Obviate Public Utility’s Obligation to Pay the Government; Appeals of South Carolina Public Service Authority, ASBCA Nos. 60460, 60616September 15, 2020
Ambiguity in Contract Concerning Government Furnished Equipment Precludes Summary Judgment on Contractor’s Claim; Appeal of The Haskell Company, ASBCA No. 61711September 14, 2020