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“Drum” Roll: ASBCA Sides with the Government in Denying COVID-19 Related Costs to Contractor

USA - May 23 2022 The Armed Services Board of Contract Appeals recently denied two separate appeals that sought recovery for increased costs caused by…

Michelle D. Coleman, Skye Mathieson, Stephen J. McBrady, John Nakoneczny

“Thank you . . . for trusting us!” Commercial Software Licensor Has a Valid Claim for Copyright Infringement Under 28 U.S.C. § 1498 for Government’s Over-Installation of Copies

USA - May 19 2022 In 4DD Holdings, LLC v. United States, No. 15-945C (Fed. Cl. March 31, 2022), the Court of Federal Claims (“COFC”) decided cross-motions for summary…

Jonathan M. Baker, William H. Frankel, John E. McCarthy Jr., Michael E. Samuels

Follow the Money: Contractor Cannot Recover Corporate Affiliate’s Costs for Tax Assessments

USA - April 13 2022 In International Development Solutions, LLC, v. Department of State, CBCA 6400, et al. (March 16, 2022), the Civilian Board of Contract Appeals…

Matthew D. Lewis, Erin Rankin

Just the (Same) Facts, Ma’am: ASBCA has Jurisdiction to Hear Contractor’s Different Theories of Recovery Based on the Same Set of Operative Facts

USA - April 5 2022 In ECC Int’l, LLC, ASBCA No. 60167 (Jan. 25, 2022), the Armed Services Board of Contract Appeals (“Board”) held that it had jurisdiction to hear a…

Erin Rankin, Catherine O. Shames

President Biden’s Executive Order Mandates Project Labor Agreements for All “Large-Scale” Federal Construction Projects

USA - February 8 2022 On February 4, 2022, President Biden signed an Executive Order on Use of Project Labor Agreements for Federal Construction Projects (the “Order”) for…

Peter J. Eyre, Thomas P. Gies, Kris D. Meade, Jessica S. Nam, Eric Su