"Should Have Known" Standard Applied to CDA Statute of Limitations
Client Alert | 1 min read | 02.28.13
In what seems likely to be a major landmark in the evolving interpretation of the CDA statute of limitations, the ASBCA has held that the statute began to run in 1999, when a DCMA price analyst had all the information the government needed to recognize that it had a claim for an alleged CAS violation, even though the responsible CO may not have been aware of the claim until an audit report was issued in 2006. The ASBCA held that, in the absence of any evidence of trickery or concealment, the government "should have known" that it had a claim based on the contractor's 1999 cost proposal that appeared to be inconsistent with its disclosed accounting practice and that the government could not unilaterally extend the statute of limitations by failing to perform an audit that put the CO on actual notice that there might be a claim.
Insights
Client Alert | 4 min read | 05.08.25
UK Corporate Confessions: The SFO's New Playbook
On 24 April 2025, the UK Serious Fraud Office (“SFO”) unveiled its new External Guidance on Corporate Co-Operation and Enforcement in relation to Corporate Criminal Offending (the “Guidance”)[1]to enhance corporate compliance, transparency and cooperation in combatting fraud, bribery and corruption in the UK. This comprehensive guidance is critical for both UK-based entities and international companies operating under UK jurisdiction.
Client Alert | 4 min read | 05.07.25
Client Alert | 3 min read | 05.07.25
NIH Continues Grant Awards Overhaul With New Limitations on Foreign Subawards
Client Alert | 10 min read | 05.06.25