Interest Due On Indirect Cost Claims
Client Alert | 1 min read | 10.21.11
In SRI Int'l (Oct. 5, 2011), the ASBCA addressed for the first time in a comprehensive way the payment of contractor certified claims and Contract Disputes Act interest related to disputes about allowable indirect costs. In clarifying its original decision holding that the indirect costs at issue were allowable, the Board held that recovery of the principal amount of the contractor’s claim must be accomplished through the normal indirect cost rates, not in a lump sum, and that the contractor is entitled to recover interest on the amount due on the principal amounts actually paid beginning on the date the certified claim was submitted until payment of the indirect costs was made on each contract that was covered by the claim, apparently with that interest to be paid separately to the contractor, leaving it to the parties on remand to determine how that separate payment will be accomplished.
Insights
Client Alert | 3 min read | 10.15.25
On August 15, 2025, the Treasury Department and IRS released updated guidance concerning Beginning of Construction requirements to qualify for clean energy tax credits. This new guidance is critical for developers to consider as they rush to qualify for the tax credits before they expire entirely. The much-anticipated guidance followed the July 7, 2025 Executive Order 14315, Ending Market Distorting Subsidies for Unreliable, Foreign-Controlled Energy Sources (“July 7, 2025 Executive Order”), which signaled that the Trump Administration was planning to strictly enforce the termination of production and investment tax credits for solar and wind facilities that are set to expire under the One Big Beautiful Bill Act (OBBB Act), covered in more detail here. The new guidance comes at a time when many in the industry are struggling to keep up with the myriad ways that the new administration is working to roll back wind and solar tax credits, leaving developers to piece through the recent guidance to determine how best to structure and invest in clean energy projects given the volatile position of the current administration vis-a-vis wind and solar energy.
Client Alert | 10 min read | 10.15.25
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Building Blocks of Design Law: CJEU rules on LEGO Group Modular Design Protection
