CAS Price Adjustments Limited To "Affected" Contracts
Client Alert | 1 min read | 06.16.10
In Donley v. Lockheed Martin Corp. (June 10, 2010) (litigated by Crowell & Moring), the Federal Circuit affirmed the ASBCA's decision that a CAS-covered contract that was completely repriced with full disclosure after a change in accounting was not "affected" by the change and was not subject to price adjustment to reflect the impact of the change -- an argument that could also preclude price adjustments on task orders that are negotiated without reliance on cost accounting information under CAS-covered IDIQ contracts. The Court rejected the Justice Department's arguments that the repriced contract was "affected" by the change either because it had been modified rather than completely terminated and re-awarded or because the PCO's agreement to a new price constituted an impermissible "waiver" of the ACO's exclusive right to determine the impact of an accounting change.
Insights
Client Alert | 9 min read | 08.02.26
The 2026 ICC Arbitration Rules: A New Era
The International Chamber of Commerce (ICC) has released its revised 2026 Arbitration Rules (the 2026 Rules), which entered into force on 1 June 2026. The 2026 Rules apply to any arbitration commenced on or after 1 June 2026, unless the parties have agreed otherwise. The revisions were driven by increased competition among arbitral institutions—illustrated by recent amendments to the Singapore International Arbitration Centre (SIAC) Rules in August 2025 and the anticipated update to the London Court of International Arbitration (LCIA) Rules.
Client Alert | 4 min read | 07.31.26
Client Alert | 3 min read | 07.31.26
Client Alert | 5 min read | 07.28.26
Data Centers in the Crosshairs: The Plaintiffs' Bar Has Begun Filing New Claims Using Old Tricks
