-
Jan 21, 2025 | 
mondaq.com | Stephen J. McBrady |Skye Mathieson |Michelle Coleman |Eric Herendeen
In a big change for defense contractors, Congress has amended 10U.S.C. § 3372 to make clear that a Department of Defense (DoD)contracting officer's unilateral definitization of anundefinitized contract action is directly appealable to the ArmedServices Board of Contract Appeals (ASBCA) or the Court of FederalClaims.
-
Jan 9, 2025 | 
mondaq.com | Stephen J. McBrady |Skye Mathieson |Michelle Coleman |Charles Baek
CM Crowell & Moring LLP More Our founders aspired to create a different kind of law firm when they launched Crowell & Moring in 1979. From those bold beginnings, our mission has been to provide our clients with the best services of any law firm in the world through a spirit of trust, respect, cooperation, collaboration, and a commitment to giving back to the communities around us.
-
Jan 8, 2025 | 
mondaq.com | Stephen J. McBrady |Skye Mathieson |Michelle Coleman |Robert J. Sneckenberg
CM Crowell & Moring LLP More Our founders aspired to create a different kind of law firm when they launched Crowell & Moring in 1979. From those bold beginnings, our mission has been to provide our clients with the best services of any law firm in the world through a spirit of trust, respect, cooperation, collaboration, and a commitment to giving back to the communities around us.
-
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.
-
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.
-
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.
-
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.
-
May 1, 2024 | 
mondaq.com | Stephen J. McBrady |Skye Mathieson |Michelle Coleman |Charles Baek
In MLU Services, Inc. v. Department of Homeland
Security, CBCA No. 8002, the Civilian Board of Contract
Appeals (Board) denied a Federal Emergency Management Agency (FEMA)
motion to dismiss for failure to prosecute, which the agency filed
just four days after MLU failed to timely submit one of its initial
pleadings.
This case involves the relatively rare circumstance in which
each party asserted monetary claims against the other.
-
Feb 5, 2024 | 
mondaq.com | Stephen J. McBrady |Nicole Owren-Wiest |Michelle Coleman |Charles Baek
In Aviation Training Consulting, LLC, ASBCA
No. 63634 (Jan. 11, 2024), the Armed Services Board of Contract
Appeals (ASBCA) confirmed that a contractor's properly asserted
claim for relief under Section 3610 of the Coronavirus Aid, Relief,
and Economic Security (CARES) Act is a claim under the Contract
Disputes Act (CDA) and denied the Air Force's motion to dismiss
for lack of jurisdiction.
-
Jan 29, 2024 | 
mondaq.com | Stephen J. McBrady |Skye Mathieson |Michelle Coleman |Eric Herendeen
The Civilian Board of Contract Appeals (CBCA) recently published
its Annual Report for FY 2023, providing statistics regarding the
adjudication of appeals between contractors and civilian agencies
such as the Department of State, the Department of Veterans
Affairs, the General Services Administration, the Department of
Transportation, the Department of Agriculture, the Department of
the Interior, and the Central Intelligence Agency.
