Approved: E-Signatures for CDA Claim Certifications Receive the ASBCA’s Stamp of Approval
Client Alert | 1 min read | 10.30.19
In URS Federal Services, Inc., ASBCA 61443 (October 3, 2019), the Armed Services Board of Contract Appeals addressed whether a contractor’s digital signature complied with the CDA’s claim certification requirements. The signature in question was electronically affixed to the claim document—along with a digital certificate—using software that required the signer to input a unique password and user identification before signing. The government argued that one “cannot trust the [digital] certificate to prove the identity of the person who applied it,” because there was no “suitable ID” to prove the signer’s identity. While noting that it had previously found typed but unsigned names to be insufficient, the Board rejected the government’s argument, because the digital signature was “discrete” and “verifiable” in accordance with the CDA’s requirements. The Board reasoned that “[n]o ink signature, on its face, includes any way for the reader to know who executed it unless that reader already possesses an intimate familiarity with the certifier’s handwriting” and declined to “impose draconian demands on digital signatures, not required to be met for their ink counterparts.”
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Client Alert | 4 min read | 08.13.26
Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach
English law has long treated the choice between terminating for repudiatory breach and exercising a contractual termination right as consequential. Under the Financings[1] causation principle, a party exercising a contractual right for a non-repudiatory breach could recover losses accrued to the date of termination — but nothing more. Loss of bargain was out of reach unless the breach went to the root of the contract. A practical workaround, confirmed in Lombard,[2] was to designate the relevant obligation as a condition, elevating any breach to repudiatory status, but that device carries significant strategic risk if the termination is later found to have been wrongful.
Client Alert | 7 min read | 08.12.26
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