CDA Bars Untimely Contractor Claim
Client Alert | 1 min read | 09.11.14
In Kellogg Brown & Root Services, Inc. (ASBCA, Aug. 18), the board held that it lacked jurisdiction to hear claims arising under a services contract for dining facilities in Iraq due to the CDA's six-year statute of limitations. Notably, the ASBCA rejected the contractor's assertion that claims on a cost-type contract accrue only after the government's refusal to pay the contractor's reimbursement for incurred costs, rather than from the date the contractor knew of the "events[] that fix the alleged liability of ... the Government," and ruled that the contractor's extended negotiations with its subcontractor did not meet the standard for equitable tolling, which is applicable only "in situations where the claimant has actively pursued his judicial remedies by filing a defective pleading during the statutory period, or where the complainant has been induced or tricked by his adversary's misconduct into allowing the filing deadline to pass.”
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Client Alert | 1 min read | 08.10.26
In Appeal of Bahadir (a C&M case), the Armed Services Board of Contract Appeals denied the government’s motion to dismiss in its entirety, ruling in favor of the contractor on both key issues raised by the government. The case arises from a contract for construction work at Al Udeid Air Base in Qatar, under which Appellant alleged government-caused delay and filed certified prolongation claims using a “windows analysis” methodology. The government moved to dismiss, arguing that Appellant failed to state a sum certain for each of what the government characterized as 38 distinct claims, and separately that four claims had not been properly presented to the Contracting Officer.
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