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CDA's Statute of Limitation Not Jurisdictional

Client Alert | less than 1 min read | 08.12.10

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.

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Client Alert | 8 min read | 09.18.26

Mining, Indigenous Consultation Rights, and Investment Treaty Protection: Part 2

Part Two of a Two-Part Client Alert Series. This Alert builds on the discussion in Part One, which surveyed Bear Creek (2017), Copper Mesa (2016), South American Silver (2018), Eco Oro (2021), and Lupaka (2025)....