Notwithstanding the Federal Circuits clear holdings in both Inter-Coastal and Sherwood Van Lines--and the fact that the ASBCA
is bound by such precedent--the ASBCA
has explained that, in those cases, "the transportation services were provided pursuant to the Transportation Act of 1940" and payment disputes were specifically required by that.
feature between an ASBCA
trial and an ADR summary trial before the ASBCA
In 2002, the disagreement ripened into a disputed claim for additional compensation; the decision is published as Moore and Cowart Contractors, ASBCA
54104, 04-1 BCA 32557 (March 2004).
According to a letter from ASBCA
Executive Director Peggy Matson to B&K owner Robert E.
27) This Federal Circuit case reversed a recent ASBCA
decision that a contractor was entitled to an equitable adjustment for changes directed by contract's Project Manager (PM).
Bender appealed, and the decision of the Armed Services Board of Contract Appeals (ASBCA
) is published as Bender GmbH ASBCA
52266, 04-1 BCA 32,474 (November 2003).
131) In reaching their decision, the ASBCA
specifically relied on the government inspector's actual presence at the job site, the lack of time available to call the contracting officer before the concrete dried, and the fact that the inspector informed the contracting officer shortly after the event occurred.
3) After examining both parties' arguments, the ASBCA
decided in favor of the government.
As is typical in traditional procurement contracts, any disputes that arise during the term of the contract will be subject to CDA requirements and will fall under the jurisdiction of the ASBCA
46) The plaintiff appealed each of the first nine claims to the ASBCA
In a recent case, the ASBCA
sustained disallowance of four months' post-termination costs for office rental, land rental, labor, and excavator rental after the contractor failed to make efforts to discontinue the costs.
Prompt Payment Act Interest Claim Cognizable at ASBCA