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CDA's Statute of Limitation Not Jurisdictional

August 12, 2010

In Menominee Indian Tribe v U.S., the DC Circuit holds, contrary to some BCA and CFC decisions, that the six-year statute of limitation on contractor claims of the Contract Disputes Act is not jurisdictional, but rather "a claims-processing rule." As a result, instead of filing late being an absolute bar, the court remands the case for the district court to determine whether equitable tolling should be applied in the particular circumstances.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Marc F. Efron
Retired Partner – Washington, D.C.
Adelicia R. Cliffe
Partner – Washington, D.C.
Phone: +1.202.624.2816