The Pen is Mightier: Typewritten Signature Invalidates CDA Claim
Jan.05.2017
In ABS Development Corp. (ASBCA Nov. 17, 2016), the Board dismissed for lack of jurisdiction certain contractor claims that had been “certified” by means of typewritten names in signature-font (rather than the acceptable handwritten or e-signatures) because a typewritten name “cannot be authenticated, and, therefore, is not a signature.” Because the CDA’s purpose is to bind contractors by means of a signed certificate that “cannot be easily disavowed by the purported author,” the Board held that typed signatures were jurisdictionally inadequate and could not be cured (via a substitute signature), a reminder to contractors that a critical element of litigating CDA claims is adherence to statutory requirements as well as the Board’s rules.
Associate Laura Baker (not admitted in the District of Columbia; practice supervised by partners of the firm) also contributed to this alert.
For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.