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ASBCA’s FY 2024 Report – Examining the Numbers

Client Alert | 3 min read | 01.06.25

On October 31, 2024, the Armed Services Board of Contract Appeals (ASBCA or Board) published its FY 2024 Report of Transactions and Proceedings, which provides statistics regarding the “adjudication of appeals, petitions for contracting officer final decisions, applications for fees and costs under the Equal Access to Justice Act, and other matters” of the Army, Navy, Air Force, Corps of Engineers, Defense Logistics Agency, Defense Contract Management Agency, Central Intelligence Agency, National Aeronautics and Space Administration, or the Washington Metropolitan Area Transit Authority. 

The ASBCA disposed of 419 cases in FY 2024, an increase from 375 in FY 2023. The agencies with the most docketed cases were the U.S. Army Corps of Engineers and the U.S. Navy, which were involved in 71 and 58 cases, respectively. 

In a year that saw the ASBCA resolve 126 cases on the merits, the Board considered issues of claim accrual, improper terminations for default, Contracts Disputes Act (CDA) jurisdiction, and compensable delay, among others. Crowell stays up to date on cases being decided by the ASBCA, and reports of these cases can be found on our Government Contracts Group’s “Insights” page here. A few of the noteworthy cases include:

Furthermore, the Federal Circuit disposed of nine ASBCA decisions on appeal with seven affirmed, one affirmed in part and vacated and remanded in part, and one dismissed.

The FY 2024 report also demonstrates that Alternative Dispute Resolution (ADR) remains a successful tool for resolving disputes at the ASBCA. The report indicates that the Board’s ADR program resolved 100% of cases in which the parties completed formal mediation sessions.

The full report can be found here.

Insights

Client Alert | 8 min read | 06.06.25

Litigation Funding Reforms: Clarity for UK Funders and Litigants Post-PACCAR

On 2 June 2025 the Civil Justice Council (a UK public body that advises on civil justice and civil procedure) (“CJC”) issued its Review of Litigation Funding Final Report (the “Report”). The CJC has provided comprehensive recommendations on the regulation and reform of litigation funding in England and Wales. The highlight recommendation of the Report is for the UK Government to remove third party litigation funding from the regulations and requirements of the Damages-Based Agreements Regulations 2013 (“DBA Regulations”), reversing the judgment of the Supreme Court in PACCAR.[1] Meanwhile, the UK Court of Appeal has recently endorsed a position that the Competition Appeal Tribunal (“CAT”) may order that third party funders of collective proceedings be paid first from litigation proceeds before claimants according to waterfall provisions in their funding agreements....