Claims and Disputes Litigation
Overview
Disputes between the government, prime contractors, and lower-tier subcontractors are as old as government contracting itself, and an inevitable part of the business. These disputes often involve government laws, regulations, and contract clauses that have no counterpart in commercial transactions and that require specific knowledge of federal procurement law. Moreover, when a large government procurement goes bad, the amounts at stake can be staggering. Crowell & Moring's government contract lawyers have decades of experience involving some of the largest contractors and government programs and are knowledgeable in drafting claims, shaping entitlement theories, formulating methods of computing the amount of recovery, and processing and litigating claims.
Insights
Client Alert | 2 min read | 03.11.24
The U.S. Court of Appeals for the Federal Circuit held in Avue Technologies Corp. v. Department of Health and Human Services that an appellant’s non-frivolous allegation of a contract with the government via an end-user license agreement (EULA) incorporated into another contractor’s Federal Supply Schedule (FSS) agreement was sufficient to establish jurisdiction under the Contract Disputes Act (CDA).
Firm News | 3 min read | 02.15.24
Chambers Ranks Crowell Practices and Lawyers in 2024 Global Guide
Event | 02.13.24 - 02.14.24
Representative Matters
- Successfully argued as amicus curiae for reversal on reconsideration of an ASBCA decision holding that the inclusion of expenses related exclusively to performance of commercial contracts in an overhead pool allocable to commercial and Government contracts was a violation of the requirement in CAS 418 that indirect costs must be allocated on the basis of causal/beneficial relationships.
- Successfully argued as amicus curiae that an ASBCA decision finding that the failure of a contractor to complete a "segment-closing" adjustment under CAS 413 during the same year as the closing had damaged the Government should be reversed on reconsideration.
- Successfully argued to the Army Contract Adjustment Board that Holston Defense Corporation (HDC) should be awarded extraordinary contractual relief under Public Law 85-804 in the amount of $90 million, plus interest, for the projected costs of post-retirement benefits earned by HDC employees under a series of contracts with the United States Army.
- Successfully argued that a cost-reimbursement contract that was repriced because of Congressional funding changes after the contractor had made changes in its cost accounting practices was not an "affected contract" and therefore was not subject to a price adjustment reflecting the impact of the accounting changes.
- Successfully argued that the Government was not entitled to a price adjustment for CAS-covered firm-fixed price contracts due to a change in accounting practice because the change did not cause the Government to incur increased costs.
Insights
Client Alert | 2 min read | 03.11.24
The U.S. Court of Appeals for the Federal Circuit held in Avue Technologies Corp. v. Department of Health and Human Services that an appellant’s non-frivolous allegation of a contract with the government via an end-user license agreement (EULA) incorporated into another contractor’s Federal Supply Schedule (FSS) agreement was sufficient to establish jurisdiction under the Contract Disputes Act (CDA).
Firm News | 3 min read | 02.15.24
Chambers Ranks Crowell Practices and Lawyers in 2024 Global Guide
Event | 02.13.24 - 02.14.24
Professionals
Insights
Client Alert | 2 min read | 03.11.24
The U.S. Court of Appeals for the Federal Circuit held in Avue Technologies Corp. v. Department of Health and Human Services that an appellant’s non-frivolous allegation of a contract with the government via an end-user license agreement (EULA) incorporated into another contractor’s Federal Supply Schedule (FSS) agreement was sufficient to establish jurisdiction under the Contract Disputes Act (CDA).
Firm News | 3 min read | 02.15.24
Chambers Ranks Crowell Practices and Lawyers in 2024 Global Guide
Event | 02.13.24 - 02.14.24