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 | 1 min read | 11.12.26
SBA Announces Doubling Veteran Contracting Target to 10% for FY 2027, but Questions Remain
On November 9, 2026, the Small Business Administration (SBA) announced new fiscal year (FY) 2027 contracting goals emphasizing veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs).
Client Alert | 6 min read | 11.12.26
Client Alert | 2 min read | 11.11.26
President Trump Nominates Peter Feldman to Serve as CPSC Chairman and Commissioner
Client Alert | 4 min read | 11.10.26
D.C. District Court Upholds CMS’s 2020 Organ Procurement Rule



