ASBCA Clarifies SOL on Interest Claims Under the Prompt Payment Act

In Public Warehousing Co. (May 2, 2016), the Board held the CDA statute of limitations on a contractor’s claim for interest penalties under the Prompt Payment Act does not accrue until the government makes the underlying payment. Rejecting the government’s argument that the interest claim should accrue as soon as government fails to make the underlying payment, the Board held that, under the PPA, “the events that fix the government's alleged liability and allow a claim for interest penalties to be asserted do not occur until the government pays the underlying invoice without paying the interest penalty due.”