NAFI Or Not, Contractors Can Sign Away Their Right To Appeal
Client Alert | less than 1 min read | 03.16.12
In The Minesen Co. v. McHugh (Mar. 2, 2012), a majority panel of the Federal Circuit held that the contractor had waived its right to appeal by agreeing to the contract’s disputes clause, which stated that ASBCA decisions were final “and are not subject to further appeal.” While this decision involved a contract with a NAFI, the majority decided the issue by assuming the Contract Disputes Act applied, and so its reasoning would seem to apply to any contract with similar language.
Contacts
Insights
Client Alert | 5 min read | 09.03.26
The U.S. Department of Transportation (DOT) published a final rule amending 14 CFR Part 234 that fundamentally changes how airlines report the causes of flight delays and cancellations. Effective October 19, 2026, the rule implements Section 511(b) of the FAA Reauthorization Act of 2024 by creating a new reporting category, the “Section 511(b) category,” for ten specific events that Congress determined are not attributable to airline control. The rule simultaneously narrows the existing "Air Carrier" reporting category by expressly excluding those same ten events.
Client Alert | 6 min read | 09.03.26
FDA Seeks Input for Regulating GenAI-Powered Medical Devices
Client Alert | less than 1 min read | 09.03.26
SBA Proposal to Overhaul Size Standards Would Transform Federal Government Contracting
Client Alert | 5 min read | 09.02.26
DOJ’s Civil Rights Fraud Initiative Claims Another DEI-Related FCA Settlement
