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Routine Request Still "Undisputed" Years Later


A split panel of the Federal Circuit in Parsons Global Servs., Inc. v. McHugh (Apr. 20, 2012) found that, despite not being paid for two years and by two CO's for an amount admittedly due in an invoice correcting a previous billing error, the invoice was "routine" and the amount not "in dispute," and so the ASBCA had no jurisdiction of the claim under the CDA. What the contractor was expected to do to make its situation "disputed" was not disclosed by the majority, and Judge Newman in dissent railed that "a simple correction of a billing error has morphed into a nearly four-year litigation, with no end in sight" and concluded that this "lengthy litigation . . . is an embarrassment."

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W. Stanfield Johnson
Senior Counsel – Washington, D.C.
Phone: +1 202.624.2520