Curing Claim Certification Defects No Longer Limited to Technical Defects
Client Alert | 1 min read | 01.08.20
In DAI Global, LLC, FKA Development Alternatives, Inc. v. U.S. (Dec. 27, 2019), the Federal Circuit reversed the Civilian Board of Contract Appeals’s dismissal of five defectively-certified claims for lack of jurisdiction. The Board had dismissed the claims because their certification bore no resemblance to the required statutory language, thereby rendering the claims unsalvageable. On appeal, the Federal Circuit focused on the plain language of the Contract Disputes Act in holding “that § 7103(b)(3) does not limit [certification] defects to those that are technical in nature nor does it limit a contractor’s right to correct a defect if the initial certification was made with ‘intentional, reckless, or negligent disregard for the applicable certification requirements.’” Although contractors should continue to be diligent in properly certifying their claims when appropriate, this decision eliminates the distinction between defective and technically-defective certifications for the purpose of perfecting jurisdiction.
Contacts
Insights
Client Alert | 2 min read | 06.29.26
When Trade Secret Theft Becomes Racketeering: What the Fifth Circuit’s New Ruling Means
RICO was built for the mob. But Congress gave trade secret victims access to it in 2016, and a recent U.S. Court of Appeals for the Fifth Circuit decision shows that access is real.
Client Alert | 7 min read | 06.26.26
Federal Roundup: Updates for PBMs and Medicare Advantage Organizations
Client Alert | 6 min read | 06.26.26
Client Alert | 4 min read | 06.25.26
Twin Executive Orders Seek to Spur Quantum Leap in Technology and Cybersecurity



