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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 | 2 min read | 05.29.26

California Assembly Passes AB 1776, Sending Major Antitrust Bill to the Senate

California’s COMPETE Act (AB 1776) narrowly passed the California State Assembly by three votes on Wednesday and now moves to the California State Senate. The bill — introduced in March by Assembly Majority Leader Cecilia Aguiar-Curry — is modeled closely on draft legislation recommended by the California Law Revision Commission in September. AB 1776 would not only significantly expand potential liability for single-firm conduct and monopolization but, based on recent amendments, would also explicitly decouple California antitrust analysis from certain federal standards. Crowell & Moring is representing the California Chamber of Commerce (CalChamber) in monitoring, analyzing, and responding to AB 1776. ...