1. Home
  2. |Insights
  3. |Jurisdiction Found Over 85-804 Indemnification Clause Breach Claims

Jurisdiction Found Over 85-804 Indemnification Clause Breach Claims

Client Alert | 1 min read | 05.01.06

In an important case of first impression, the Armed Services Board of Contract Appeals in The Boeing Co. (Apr. 12, 2006, http://www.crowell.com/pdf/expertise/govtcontracts/ASBCA_decision.pdf), has held that it has jurisdiction under the Contract Disputes Act to consider claims for the costs of investigation and remediation of ground water pollution and toxic tort litigation under indemnification clauses authorized pursuant to the “residual powers” authority of Public Law 85-804 and 10 U.S.C. § 2354. The Board concluded that Public Law 85-804, 10 U.S.C. § 2354, and statutory and contractual provisions allegedly providing for secretarial and/or congressional approval did not divest the Board of its CDA jurisdiction because, inter alia , acceptance of such arguments would render the indemnification clauses, which were included in prime contracts awarded to Boeing and subcontracts awarded to Lockheed Martin Corporation in the 1960s and 1970s, “illusory.”

Insights

Client Alert | 3 min read | 10.13.25

Upcoming Massachusetts Pay Transparency Requirements

Commencing October 29, 2025, Massachusetts will join 14 other U.S. states in requiring certain employers to disclose wage pay ranges both in their public job postings and internally to employees who request the information. The requirement is mandated by the Massachusetts law entitled “An Act Relative to Salary Range Transparency” which aims to increase pay transparency and equity in the Commonwealth....