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Trust Us: Rescinded Gov't Claims Rendered Appeals Moot, Absent Evidence That Gov't Intends to Reassert

May.19.2016

In L-3 Commc’ns (Apr. 25, 2016), the ASBCA dismissed as moot the appeals of two final decisions that the contractor had argued were barred by the CDA statute of limitations when the cognizant ACOs rescinded the final decisions after the contractor had appealed. The board held that, although the COs had not yet agreed to settle the claims or provide any assurance that the claims would not be reasserted in the future, COs are presumed to act in good faith, and, without evidence of contrary intent, there was no reason not to “trust” that the claims will not be reasserted.


Associate Laura Baker (not admitted in the District of Columbia; practice supervised by partners of the firm) also contributed to this alert.


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Stephen J. McBrady
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Phone: +1 202.624.2547
Email: smcbrady@crowell.com