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Oles Morrison

Why Judge Kavanaugh’s Confirmation Could be Good News for Government Contractors

By on September 4, 2018 | Posted in Bid Protests

Many politically charged issues are likely to steal the headlines during the confirmation hearings for President Trump’s nominee for the U.S. Supreme Court, D.C. Circuit Court of Appeals Judge Brett Kavanaugh.  However, one issue unlikely to make headlines is the impact that Judge Kavanaugh’s confirmation may have on the doctrine […]

Government Allowed Contractor to “Twist in the Wind,” Violating Duty of Good Faith and Fair Dealing

By on August 28, 2018 | Posted in Claims and Disputes

Contractors frequently claim that owners have breached the implied duty of good faith and fair dealing, largely as an alternative to more specific claims for constructive change or breach. These good faith and fair dealing claims are difficult to recover on, largely because courts and the boards have required a […]

Contractor Escapes Total Dismissal For Failure To Certify $500,000 “Severable” Claim

By on May 8, 2018 | Posted in Claims and Disputes

Often times the most difficult part of the government contract claims process is checking all the procedural “boxes” of a certified claim.  Failure to file a claim within six years of accrual, request a contracting officer’s final decision, or include a wet ink signature are just a few of the procedural […]

Oles Morrison to Present at AGC Federal Contractors Conference in D.C. – May 1st

By on April 29, 2018 | Posted in Claims and Disputes

On May 1, 2018, Oles Morrison partner Adam Lasky will be on a panel discussing “Tips for Avoiding Litigation on Federal Construction Projects,” together with Paul Varela (Varela, Lee, Metz & Guarino), Neil O’Donnell (Rogers, Joseph O’Donnell, PC), and Jennifer Fiore (Dunlap Fiore, LLC), at the AGC Federal Contractors Conference 2018.  Adam and the panel […]

Contract Interpretation Using Extrinsic Evidence Sinks Contractor’s Claim at the CBCA

By on February 26, 2018 | Posted in Claims and Disputes

In a recent decision, NOAA Maryland, LLC v. General Services Administration, the Civilian Board of Contract Appeals (“CBCA”) looked to “extrinsic” evidence outside the contract to interpret whether the government was required to pay real estate taxes.  This case provides a reminder to contractors that while the CBCA is reluctant to […]

Boom: Fireworks between Subcontractor, Prime Contractor, and Government (Literally)

By on February 14, 2018 | Posted in Bid Protests

At times, a prime contractor can effectively be the middle man between the government and a subcontractor. The FAR directs that the prime contractor should always provide value to the overall procurement; however, many prime contractors require the assistance of subcontractors to fulfill this contract requirement. The recent CBCA case […]

Contractor Waives its Right to Pursue Claim Through its Invoice for Final Payment

By on February 1, 2018 | Posted in Claims and Disputes

The Armed Services Board of Contract Appeals (the “Board”) recently issued another reminder in [Redacted], ASBCA No. 61065, that government contractors need to specifically reserve their rights to Contract Disputes Act claims in modifications and releases for final payment. While its name doesn’t quite rival the best of those associated […]

You Don’t Always Get What You Pay For: Government Waives a Credit for Work Not Performed

By on January 22, 2018 | Posted in Claims and Disputes

In Appeal of American West Construction, LLC, the Armed Services Board of Contract Appeals considered whether the U.S. Army Corps of Engineers (Government) lost its right to claim a credit under the Changes Clause by waiving its right to insist on compliance with the contract specifications prior to insisting on […]

Compensation for Changed Work Not Enough to Fully Compensate for Unchanged Work According to CBCA

By on December 7, 2017 | Posted in Claims and Disputes

  In Industrial Maintenance Services, CBCA 5618, the Civilian Board of Contract Appeals (CBCA) found a contractor was entitled to additional payment where the Agency paid certain direct costs associated with a change in the critical path of performance, but failed to include the costs of impacted, unchanged work in […]

ASBCA Reports High Appeal Success Rate for FY 2017; Accelerated and Expedited Appeals Double

By on December 2, 2017 | Posted in Claims and Disputes

The Armed Services Board of Contract Appeals (ASBCA) recently issued its Fiscal Year 2017 annual report, as well as its annual report on Alternate Dispute Resolution (ADR). The reports offer statistics that highlight the high success rate for contractors based on the contractor winning outright or receiving some recovery, a doubling […]