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Declaratory Judgment Actions Examined

Client Alert | less than 1 min read | 05.08.06

A declaratory judgment action is sometimes the best way to resolve a contract dispute, but you must know how to use it. In “Declaratory Judgment Actions--An Effective Tool for Serious Situations," in the American Bar Association's Spring 2006 publication of The Procurement Lawyer, (http://www.crowell.com/pdf/Newsroom/Haile-Claybrook_procureSpr06.pdf) Rick Claybrook and Chris Haile of C&M examine the use of these special actions, providing insight into when they are most effective and warning of some common pitfalls to avoid.

Insights

Client Alert | 1 min read | 08.10.26

ASBCA Denies Government Motion to Dismiss, Providing Key Guidance on Contractor Claim Standards Post-ECC International

In Appeal of Bahadir (a C&M case), the Armed Services Board of Contract Appeals denied the government’s motion to dismiss in its entirety, ruling in favor of the contractor on both key issues raised by the government. The case arises from a contract for construction work at Al Udeid Air Base in Qatar, under which Appellant alleged government-caused delay and filed certified prolongation claims using a “windows analysis” methodology. The government moved to dismiss, arguing that Appellant failed to state a sum certain for each of what the government characterized as 38 distinct claims, and separately that four claims had not been properly presented to the Contracting Officer. ...