Clear as Day: ASBCA Finds No Ambiguity in Contract
Client Alert | 1 min read | 11.15.17
In Appeal of Family Entertainment Services, the Board denied a contractor’s claim that the government improperly reduced the amount that it paid under a military base maintenance contract. The contractor claimed, in part, that the parties’ contract was ambiguous as to the definition of the word “days” during the period of performance (PoP), and argued that the Board should read the term “days” to mean “work days” rather than “calendar days.” The Board rejected the contractor’s argument, noting that the contract incorporated FAR 52.212-4, which incorporates the FAR 2.101 definition defining “day” as “unless otherwise specified, a calendar day.” The Board cited long-standing Federal Circuit precedent that a differing opinion of contract terms alone does not give rise to an ambiguity, a reminder to contractors to carefully scrutinize the performance requirements in their contracts, including the PoP and any terms defined by the FAR.
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On February 17, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) filed a complaint against Coca-Cola Beverages Northeast, Inc., in the United States District Court for the District of New Hampshire, alleging that the company violated Title VII of the Civil Rights Act of 1964 (Title VII) by conducting an event limited to female employees. The EEOC’s lawsuit is one of several recent actions from the EEOC in furtherance of its efforts to end what it refers to as “unlawful DEI-motivated race and sex discrimination.” See EEOC and Justice Department Warn Against Unlawful DEI-Related Discrimination | U.S. Equal Employment Opportunity Commission.
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