Attorney Fees for Claim Preparation Are Recoverable

Obviously fighting over principle as the amounts involved were less than $10,000, in Tip Top Constr., Inc. v. Donahoe (Sept. 19, 2012) the contractor was vindicated by the Federal Circuit, which held that it could recover its claim preparation and negotiation costs, including those of its attorney, as those costs were not for claim prosecution. Perhaps the more important principle established, however, was in the reversal of the PSBCA's denial of work hours claimed when they were supported by unrebutted timesheets and declarations.