The Government Contracts Committee Presents:
The Federal Circuit and Government Contracts: Key Case Law Developments Related to the Contract Disputes Act
Moderator:
Alexander O. Canizares, Partner, Perkins Coie
Panelists:
Ashley Amen, Senior Counsel, Government Contracts, CGI Federal Inc.
Corinne Niosi, Assistant Director, U.S. Department of Justice, Civil Division, Commercial Litigation Branch
Jason Workmaster, Member, Miller & Chevalier
Summary: In two recent cases, the U.S. Court of Appeals for the Federal Circuit has addressed important issues relevant to the adjudication of Contract Disputes Act (CDA) claims, with implications for future cases. In ECC International Constructors, LLC v. Secretary of the Army (Fed. Cir. 21-2323), issued on August 22, 2023, the Court held that the “sum certain” requirement for CDA claims is not jurisdictional and although a defense challenging the lack of a sum certain remains viable, it may be forfeited if not timely raised. And on June 6, 2023, in Department of Transportation v. Eagle Peak Rock & Paving, Inc. (Fed. Cir. No. 2021-1837), the Court confirmed that a Contracting Officer’s (CO) final decision on a claim is subject to de novo review and clarified that the CO’s subjective views are not relevant to the appeal. Both cases may have practical consequences for how CDA cases are litigated and resolved.
In this webinar, an expert panel of practitioners will discuss the Federal Circuit’s opinions in ECC and Eagle Peak and address their implications for litigants in future CDA cases. The panel will also offer practical insights on the adjudication of claims and disputes under the CDA in light of recent Federal Circuit cases
Pricing:
Private Practitioner Cost:
FCBA Member - Complimentary
Non-Member $175
Government/Academic/Retired/Student Cost:
FCBA Member - Complimentary
Non-Member: $50
CLE Information:
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