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NAFI Contractor Wins over $100 Million In Wunderlich Act Review of ASBCA Decision

Client Alert | 1 min read | 11.16.12

In SUFI Network Servs., Inc, v. U.S. (Nov. 8, 2012), the Court of Federal Claims granted SUFI, represented by C&M, a judgment of over $100 million pursuant to a rare Wunderlich Act review of the ASBCA's damages determinations on several breach of contract claims brought in the aftermath of a telephone services contract with the Air Force's Non-Appropriated Fund Purchasing Office. Central to the court's decision to increase SUFI's recovery was its finding that the board had misapplied the burden of proof with respect to damages, seemingly ruling "in every possible way to cut back SUFI's damages" on claims for which liability was established while ignoring the willfulness of the Air Force's breaches and the clear fact of damage to SUFI on this "totally botched program of grand proportions."


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Client Alert | 3 min read | 10.15.25

Developers Adapt Timelines and Strategies for Wind and Solar Projects Following Recent IRS Guidance and Expected IRS Enforcement Activity

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....

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