On January 28, 2026, the United States Civilian Board of Contract Appeals (CBCA) issued final rulemaking to address its role in hearing and resolving disputes under the Administrative False Claims
Continue Reading The Civilian Board of Contract Appeals Issues New Rules of Procedure for Its Adjudicatory Role in the Administrative False Claims ActCivilian Board of Contract Appeals
Appeals Up, ADR Down at CBCA in 2025
By Nick Feldstern on
The Civilian Board of Contract Appeals (CBCA) recently posted its Annual Report for Fiscal Year 2025 (FY25), which showed a significant increase in appeals but decrease in Alternative Dispute Resolution…
Continue Reading Appeals Up, ADR Down at CBCA in 2025How to Prepare for the End of the Government Shutdown
By Evan Williams, Fox Rothschild & Nick Feldstern on
On the evening of November 9, the U.S. Senate agreed to a deal aimed at ending the government shutdown. The deal is the first step toward reopening the federal government…
Continue Reading How to Prepare for the End of the Government ShutdownBid Protests, Disputes, and Federal Contract Delays During the Government Shutdown
By Keeley McCarty, Evan Williams & David O'Neill on
The federal government shut down on October 1 after annual appropriations lapsed. Pursuant to the Antideficiency Act, agencies may not incur obligations or expend funds without an enacted appropriation unless…
Continue Reading Bid Protests, Disputes, and Federal Contract Delays During the Government ShutdownAmid Uncertainty, Government Contractors Should Document, Notify, and Escalate Claims
By ** Fox Rothschild ** on
Government contractors working for the Department of Education (DE), the United States Agency for International Development (USAID), and other agencies like the National Science Foundation (NSF) and Consumer Financial Protection…
Continue Reading Amid Uncertainty, Government Contractors Should Document, Notify, and Escalate ClaimsLesson Learned: Board Holds that Only the Contracting Officer Can Bind the Government
By Fox Rothschild on
Most government contracts include a Changes clause (notably, FAR 52.243-1), which grants the Government the right to order changes to the scope of the contractor’s work. That clause also entitles…
Continue Reading Lesson Learned: Board Holds that Only the Contracting Officer Can Bind the GovernmentCDA Claim Series Wrap Up: Best Practices for Government Contactors
By Fox Rothschild on
This is the eighth (and last) of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to…
Continue Reading CDA Claim Series Wrap Up: Best Practices for Government ContactorsPractical Litigation Strategies for CDA Claims
By Fox Rothschild on
This is the third of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors…
Continue Reading Practical Litigation Strategies for CDA ClaimsMaterial Escalation: A Difficult Road to Recover Costs
By ** Fox Rothschild ** on
The annual inflation rate in the United States rose 7% in 2021, its highest rate since 1982. The construction industry has not been immune from this general trend, with steel…
Continue Reading Material Escalation: A Difficult Road to Recover Costs
Accept No Imitations: Contractor Cannot Recover for Claim Based on Brand Name Products
By Fox Rothschild on
When a contractor delivers goods to the government that do not conform to the precise requirements of the contract, the results are usually . . . not good. When …
Continue Reading Accept No Imitations: Contractor Cannot Recover for Claim Based on Brand Name Products