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Limitations Of Cost Notice Obligations Must Be Met

Client Alert | less than 1 min read | 09.15.06

The ASBCA in International Technology Corp. (July 17, 2006), denied a claim for an upward adjustment above the contract's cost limitation because the contractor had inexcusably failed to comply with the Limitation of Cost clause provision requiring advance notice to the government of the projected costs over the limit. The board rejected the contractor's argument that it had to determine the allowability of its subcontractor's costs prior to providing notice, finding that notice is required when a contractor has “reason to believe” there will be a cost increase.

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Client Alert | 3 min read | 02.26.26

FERC Requires Refunds for Late QF Recertification

On February 19, 2026, the Federal Energy Regulatory Commission (FERC) issued Branch Street Solar Partners, LLC et al., 194 FERC ¶ 61,124 (2026) rejecting the refund reports filed in connection with the late filing of recertifications of qualifying facility (QF) status by certain affiliated companies to reflect a change in upstream ownership. FERC’s rearticulation of QF recertification timing requirements and consequences for late QF recertifications has broad and substantial implications for all QF owners. ...