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Inconsistent Statute of Limitations Decisions -- Or Not?

Feb.02.2012

In The Boeing Co. (Jan. 6, 2012), the ASBCA dismissed a government claim on the ground that the CO’s final decision was barred by the statute of limitations because it was not issued within six years of the CO having knowledge of the existence and amount of the claim. In contrast, the Fifth Circuit a week later held in U.S. v. Renda Marine, Inc., that a government suit against a contractor to enforce a final decision that the contractor did not appeal was timely because it was brought within six years of the issuance of the final decision, even though the underlying cause of action arose more than six year before the litigation began, on the ground that what was at issue was the enforcement of the final decision, not the merits of the underlying claim, which the contractor had not contested.
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Terry L. Albertson
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Email: kmorrison@crowell.com