ASBCA Dismisses "Conclusory" and "Unsupported" $100M Government Claim
Client Alert | 1 min read | 01.10.17
In Lockheed Martin Integrated Systems, Inc. (ASBCA Dec. 20, 2016), a case involving a $100 million breach of contract claim stemming from purportedly unallowable direct subcontractor costs, the Board granted Lockheed Martin’s motion to dismiss the Army’s claim "for failure to state a claim on which relief could be granted," concluding that the government had "gone forward with a claim for over $100,000,000…based on nothing more than a plainly invalid legal theory." Specifically, the Board held that final decisions based solely on an audit report’s "conclusory assertions" and "unsupported conclusions" failed to satisfy the standards required by the Board’s rules for a valid claim and that although prime contractors have a generalized responsibility to manage subcontractors, the Army failed to establish that Lockheed Martin had breached any particular contractual obligation, express or implied, and specifically that Lockheed Martin had no obligation to (1) obtain or audit incurred cost submissions from subcontractors; or (2) to retain documentation supporting prime contractor billings for longer than the contract’s "applicable records retention" period.
Contacts
Insights
Client Alert | 7 min read | 05.19.26
American and Allied Cyber Agencies Issue First Joint Guidance on Securing Agentic AI
On May 1, 2026, the U.S. Cybersecurity and Infrastructure Security Agency (CISA), the U.S. National Security Agency (NSA), the Australian Cyber Security Centre, the UK National Cyber Security Centre, the Canadian Centre for Cyber Security, and the New Zealand National Cyber Security Centre, published joint guidance on the “Careful Adoption of Agentic AI Services” (Guidance).
Client Alert | 3 min read | 05.19.26
Client Alert | 5 min read | 05.19.26
DOJ Continues Attempt to Block State-Court Climate Suits with Minnesota Complaint
Client Alert | 5 min read | 05.19.26
Navigating International Arbitration Disputes Ahead of the 2026 FIFA World Cup


