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Contractor Must Actually Receive Final Decision To Start The Clock

May.20.2005

The Federal Circuit in Riley & Ephriam Constr. Co. (May 18, 2005 http://fedcir.gov/opinions/04-5152.pdf) emphasized that the Contract Disputes Act requires actual delivery of the final decision to the contractor or its designated agent before the time to file an appeal at the board or a case in the Court of Federal Claims starts to run. In this case, the Federal Circuit rejected as "receipt" by the contractor both delivery to a P.O. box and a fax transmission sheet to the contractor's attorney when receipt of the fax was denied and the CO did not follow up to confirm receipt personally.

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

Frederick (Rick) W. Claybrook Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2695
Email: rclaybrook@crowell.com