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Forum selection clauses after Atlantic Marine
The Contract Disputes Act gives prime contractors a straightforward procedure for resolving claims against the federal government. But there is no mandatory approach to resolving disputes between...
View ArticleForum selection clauses after Atlantic Marine (Part II)
You’ve heard by now that the Supreme Court’s decision in Atlantic Marine Constr. Co. v. United States District Court, No. 12-929 (U.S. Dec. 3, 2013) is a strong endorsement of a contractor’s right to...
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Lessons learned from 71 years of the Severin doctrine
Rochester, New York (1943) Subcontracting is often the best way to complete a complex project. A subcontractor may have technical expertise, equipment, or human resources that are unavailable to the...
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How current federal contractors are affected by the new $10.10 minimum wage
As part of the Obama Administration’s push to raise the minimum wage, the President announced during his State of the Union speech that he intends to issue an Executive Order raising the minimum wage...
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How the Federal Circuit’s decision in Metcalf Construction fixes good faith...
Now for some good news in government contracts law. On February 11, 2014, a three-judge panel of the Federal Circuit reversed the Court of Federal Claims decisions in Metcalf Constr. Co. v. United...
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Preserving attorney-client privilege in internal investigations after Barko...
Read the press about Judge James Gwin’s decision in United States ex rel. Barko v. Halliburton Co., No. 1:05-cv-1276 (D.D.C. Mar. 6, 2014), and you might see it as the beginning of the end for the...
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Pass-through claims without a contract—Severin doctrine part two
The Severin doctrine restricts the ability of prime contractors to hold the government responsible for costs incurred by subcontractors. It is often of limited practical effect because it can usually...
View ArticleRaytheon v. United States—the Federal Circuit’s tutorial on the difference...
The Federal Circuit’s decision in Raytheon Co. v. United States, No. 2013-5004 & 2013-5006 (Fed. Cir. April 4, 2014) [pdf] affirms a $59-million judgment arising from a government challenge to...
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Will the Supreme Court uphold tolling of the six-year limitations period for...
Whether the Wartime Suspension of Limitations Act tolls the six-year statute of limitations for civil claims under the False Claims Act will soon be addressed by the Supreme Court. In Kellogg Brown...
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Barko v. Halliburton—How the D.C. Circuit’s decision reaffirms the...
The attorney-client privilege applies with equal force to internal investigations today as it did 30 years ago thanks to the D.C. Circuit’s recent decision in In re: Kellogg Brown & Root, Inc., No....
View ArticleEight ways to cut the cost of ediscovery
Controlling legal spend is a frequent and important topic of discussion, especially among in-house counsel and their litigation teams. Much of the discussion focuses on the problem of soaring discovery...
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Amendments to the Federal Rules make discovery better, faster, cheaper
Contractors know that discovery is the most time-consuming and expensive part of litigation. Until now, the Federal Rules of Civil Procedure have done little to address the problem. Parties that...
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Daubert motions at the ASBCA
Cases at the Armed Services Board of Contract Appeals often require scientific or other technical evidence that is best explained by an expert witness. Though it conducts no jury trials and the rules...
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More cases, more settlements at the ASBCA in FY 2014
The docket of the Armed Services Board of Contract Appeals continued its steady growth last year, according to the Board’s FY 2014 statistical report. In fact, the 1,066 appeals pending on the date of...
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Barko v. Halliburton: The next (and final?) chapter
Despite getting a rare Writ of Mandamus from the D.C. Circuit Court of Appeals establishing that its internal investigations were covered by the attorney-client privilege, Kellogg Brown & Root must...
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Claims for remission of liquidated damages after the Federal Circuit’s...
If you are getting ready to submit a claim on a federal contract—especially one that challenges an assessment of liquidated damages—take note of the Federal Circuit’s decision in K-Con Building...
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Kiewit-Turner and the right to stop work
The contractor’s duty to proceed with performance pending the resolution of disputes is a basic concept in the law of government contracts. It is laid out explicitly in FAR 52.233-1(i), the mandatory...
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U.S. Postal Service board enters the digital age
The first Board of Contract Appeals to fully enter the digital age is the Postal Service Board of Contract Appeals, which recently issued new rules on electronic filing. Although the PSBCA hears...
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KBR v. US ex rel. Carter—a plain-meaning approach to the Wartime Suspension...
The Supreme Court’s decision in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, No. 12-1497 (U.S. May 26, 2015) [pdf], holds that the Wartime Suspension of Limitations Act...
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New seminar: Claims and Disagreements under Postal Service HCR contracts
Unpaid for work you performed on your HCR contract? Can’t agree with the Postal Service on a contract price adjustment? Not given a chance to bid on new work in your area? Learn about remedies for...
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