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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.

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Client Alert | 14 min read | 12.22.25

European Commission Proposes Biotech Act to Boost Health Biotechnology in the EU

On December 16, 2025, the European Commission published its proposal for a regulation establishing a European Biotech Act to strengthen the EU's biotechnology and biomanufacturing sectors with a primary focus on health....