In December 2014, the Court of Appeals for the Federal Circuit issued an important decision that impacts how the 6 year statute of limitations (SOL) is applied under the Contract Disputes Act (CDA). In Sikorsky Aircraft Corporation v. United States, the Court of Appeals determined that the CDA’s 6 year SOL for filing a
Should a Contractor Submit an REA or a Claim?
By Michael H. Payne on
Posted in Procurement Information
By: Michael H. Payne
The question of whether to submit a Request for an Equitable Adjustment, commonly referred to as an “REA,” or a claim, is one that clients ask on a frequent basis. It is not always an easy question to answer and our advice depends upon the history of the dispute, and the…
What Was Good For Federal Construction Contractors Was Not So Good For One Contractor
By Joseph Hackenbracht on
Posted in Bid Protests
By: Joseph A. Hackenbracht
From August 2, 2002 until July 14, 2004, Todd Construction, a general contractor located in Oklahoma, was awarded five indefinite-delivery/indefinite-quantity (ID/IQ) contracts by the Savannah District of the Corps of Engineers for design and construction of projects in Georgia, North Carolina, and South Carolina. Each contract was for a period of…
ASBCA Emphasizes Need for Contractor to Plead Specifics When Litigating Performance Ratings
By Joseph Hackenbracht on
Posted in Bid Protests
By: Joseph A. Hackenbracht
For many years, the boards of contract appeals have considered challenges to performance evaluations and declined, for various reasons, to hear those cases. Then, in 2008, the U.S. Court of Federal Claims held that it possessed jurisdiction to address a contractor’s challenge of the performance rating it had been given by…