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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, John Nakoneczny, Nicole Owren-Wiest

Claim Accrual and the Continuing Claims Doctrine: Board Has Jurisdiction Over Claim Comprised of Separate and Distinct Events that Fell within the CDA’s Six-Year Statute of Limitations Period

USA - May 3 2022 In Lockheed Martin Aeronautics Company, ASBCA No. 62209 (a C&M case), the Armed Services Board of Contract Appeals (Board) held that the contractor’s…

Michelle D. Coleman, J. Chris Haile, Skye Mathieson, John Nakoneczny

Software License Alone Does Not Provide CDA Jurisdiction at CBCA

USA - January 26 2022 In Avue Technologies Corp. v. HHS & GSA, CBCA 6360, 6627 (January 14, 2022), the Civilian Board of Contract Appeals dismissed an appeal alleging…

Jonathan M. Baker, Christopher D. Garcia, Alan W. H. Gourley, John E. McCarthy Jr., John Nakoneczny, Nicole Owren-Wiest

Federal Circuit Vacates COFC Decision Entitling Contractor to Damages for Breach of Implied Warranty Because the Contractor Did Not Present the Claim to the CO

USA - January 7 2022 In Tolliver Group, Inc. v. United States, No. 2020-2341, 2021 WL 5872256 (Fed. Cir. Dec. 13, 2021), the Federal Circuit vacated and remanded the Court…

Michelle D. Coleman, Eric Herendeen, Nicole Owren-Wiest, Erin Rankin

Executive Order 14042 Agency Class Deviation Guidance, A Side-by-Side Comparison

USA - October 8 2021 Executive Order 14042, issued on September 9, 2021, requires that certain federal contractors and subcontractors mandate vaccinations against COVID-19…

Michelle D. Coleman, Katie Erno, Peter J. Eyre, Rina M. Gashaw, Thomas P. Gies, Amanda H. McDowell, Kris D. Meade, Nicole Owren-Wiest