Board Rejects Claim Based on Certain Fiscal Law Violations
Client Alert | 1 min read | 06.12.17
In Parsons Government Services, Inc. (ASBCA No. 60663, May 3, 2017), the Board dismissed Parsons’ $21 million claim because both contractual allegations turned on fiscal law provisions that did not entitle Parsons to relief. First, Parsons argued that the contract was void ab initio, entitling Parsons to quantum meruit, because “the government should have awarded the contract as a construction contract appropriating MILCON funds [pursuant to 10 U.S.C. §§ 2801 et seq.] instead of a supply and services contract using O&M funds.” Second, Parsons argued that the government “violated the implied duty of good faith and fair dealing by depriving Parsons of its reasonable expectations” of the necessary Congressional oversight and more stringent terms consistent with a MILCON-funded contract….” The Board rejected both arguments under Federal Circuit precedent, finding that the statutory MILCON provision underlying Parsons’ claim did not provide a private right of action for contractors to sue because the primary intended beneficiary of the statute was the government.
Contacts
Insights
Client Alert | 5 min read | 10.22.25
Sixth Circuit Reaffirms Privilege Protections During Internal Investigations
On October 3, 2025, the Sixth Circuit reaffirmed that the attorney-client privilege and the work-product doctrine protections apply to materials created during attorney-led internal investigations. In re FirstEnergy Corp., No. 24-3654 (6th Cir. Oct. 3, 2025).
Client Alert | 4 min read | 10.21.25
Pivot Point for 340B: HRSA Rebate Model Pilot Program Approaches Launch
Client Alert | 5 min read | 10.20.25
What’s new for Belgian Construction Contracts under the New Book 7 of the Civil Code
Client Alert | 3 min read | 10.17.25
California Enacts New Requirements and Restrictions for Health Care Transactions