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"Should Have Known" Standard Applied to CDA Statute of Limitations

Client Alert | 1 min read | 02.28.13

In what seems likely to be a major landmark in the evolving interpretation of the CDA statute of limitations, the ASBCA has held that the statute began to run in 1999, when a DCMA price analyst had all the information the government needed to recognize that it had a claim for an alleged CAS violation, even though the responsible CO may not have been aware of the claim until an audit report was issued in 2006. The ASBCA held that, in the absence of any evidence of trickery or concealment, the government "should have known" that it had a claim based on the contractor's 1999 cost proposal that appeared to be inconsistent with its disclosed accounting practice and that the government could not unilaterally extend the statute of limitations by failing to perform an audit that put the CO on actual notice that there might be a claim.


Insights

Client Alert | 3 min read | 04.21.26

Crowell & Moring Continues Growth in Brussels with Addition of Privacy and Cybersecurity Partner Lauren Cuyvers

Brussels – April 21, 2026: Lauren Cuyvers has joined Crowell & Moring as a partner in its highly regarded Privacy and Cybersecurity Group, expanding the firm’s ability to provide critical legal counsel to clients managing a complex and rapidly changing privacy and cybersecurity landscape globally. She is the third addition to the firm’s Brussels office in the last six months and the fourth partner to join the firm’s Privacy and Cybersecurity Group in the last year....