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Nov 22, 2024 | 
mondaq.com | Stephen J. McBrady |Michelle Coleman |Skye Mathieson |John Nakoneczny
In Fortis Industries, Inc.,
CBCA 7967 (Sept. 18, 2024), the Civilian Board of Contract Appeals
(CBCA) denied in part the government's motion for partial
summary judgment on the issue of whether the contractor released
its claims by signing a modification terminating the contract for
convenience. During contract performance, the General Services
Administration (GSA) imposed monthly deductions to contract
payments as a response to certain performance issues.
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Oct 30, 2024 | 
mondaq.com | Erin N. Rankin |Stephen J. McBrady |Skye Mathieson |John Nakoneczny
In
Chugach Federal Solutions, Inc., ASBCA Nos. 62712, et al., the Armed Services Board of
Contract Appeals held that a contractor could recover its costs for
having to quarantine personnel in accordance with
government-imposed COVID safety requirements, because the
underlying contract contemplated that the contractor would be
compensated for complying with any changes to health and safety
requirements.
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Oct 6, 2024 | 
mondaq.com | Stephen J. McBrady |John Nakoneczny
At midnight on October 1, 2024, the International Longshoremen's Association
launched a labor strike that effectively shut down all ports
from Maine to Texas after being unable to reach agreement on terms
for a new labor contract with the United States Maritime Alliance. This strike may impact virtually all industries that rely on
maritime shipping, either directly or indirectly.
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Sep 9, 2024 | 
mondaq.com | Skye Mathieson |John Nakoneczny |Tyler Roddy Piper |Michelle Coleman
The Armed Services Board of Contract Appeals (Board) recently
issued notable reminders to contractors regarding its
jurisdictional authority and the importance of timely filing
claims. The Board explained in DSME Construction Co.,
Ltd., ASBCA 63878 (July 30, 2024), that it may retain
jurisdiction over a dispute even when a different forum is listed
in the contract. In Platinum Services., Inc., ASBCA No.
63878 (Aug.
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Jun 20, 2024 | 
mondaq.com | Michelle Coleman |John Nakoneczny |Zariah Altman |Stephen J. McBrady
In Konecranes Nuclear Equip. Servs. LLC,
ASBCA, Nos. 62797, 62827 (May 7, 2024), the Armed Services Board of
Contract Appeals (Board) awarded approximately $4.9 million in
delay-related breach damages to Konecranes Nuclear Equipment
Services (Konecranes) due to the Navy's breach of its implied
duty to not interfere on a commercial-item contract for the
provision of 25-ton general purpose portal cranes.
In May 2020, Konecranes completed construction of the first of
four cranes.
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Jan 24, 2024 | 
mondaq.com | Stephen J. McBrady |Skye Mathieson |John Nakoneczny
In Flatland Realty, LLC, ASBCA No.
63409, the Armed Services Board of Contract Appeals (Board)
granted an appeal seeking damages, plus interest, from an improper
termination for default. In an uncommon result, the Board awarded
lost profit expectancy damages because the government had
improperly terminated the contract, which did not incorporate a
termination for convenience clause.
The underlying contract was a 15-year lease by the government to
the contractor for the operation of a concession.
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Dec 13, 2023 | 
lexblog.com | Steve McBrady |Skye Mathieson |John Nakoneczny |Tyler Roddy Piper
n Flatland Realty, LLC, ASBCA No. 63409, the Armed Services Board of Contract Appeals (Board) granted an appeal seeking damages, plus interest, from an improper termination for default. In an uncommon result, the Board awarded lost profit expectancy damages because the government had improperly terminated the contract, which did not incorporate a termination for convenience clause. The underlying contract was a 15-year lease by the government to the contractor for the operation of a concession.
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Dec 13, 2023 | 
lexology.com | Stephen J. McBrady |Skye Mathieson |John Nakoneczny |Tyler Roddy Piper
In Flatland Realty, LLC, ASBCA No. 63409, the Armed Services Board of Contract Appeals (Board) granted an appeal seeking damages, plus interest, from an improper termination for default. In an uncommon result, the Board awarded lost profit expectancy damages because the government had improperly terminated the contract, which did not incorporate a termination for convenience clause. The underlying contract was a 15-year lease by the government to the contractor for the operation of a concession.
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Nov 8, 2023 | 
lexology.com | Stephen J. McBrady |Skye Mathieson |Michelle Coleman |Eric Herendeen |John Nakoneczny |Tyler Roddy Piper
On November 1, 2023, the Armed Services Board of Contract Appeals (ASBCA) published its FY 2023 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, Central Intelligence Agency, National Aeronautics and Space Administration, Defense Logistics Agency, Defense Contract Management Agency, other Defense agencies, Non-Appropriated Fund Instrumentalities, and the Washington...
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Sep 6, 2023 | 
mondaq.com | Michelle Coleman |John Nakoneczny |Tyler Roddy Piper
In StructSure Projects, Inc., ASBCA No.
62927, the Armed Services Board of Contract Appeals (Board)
granted an appeal seeking recovery for increased costs resulting
from the COVID-19 pandemic. The underlying task order involved
design and alteration services for existing medical facilities at
Travis Air Force Base, and included a specific Contract Line Item
Number (CLIN) for the provision of temporary phasing facilities
that the Government could use while the construction work was
ongoing.
