2 Sensible Resolutions To CDA Jurisdictional Challenges

Law360 (July 24, 2019, 4:07 PM EDT) -- Over the last two weeks, the U.S. Court of Appeals for the Federal Circuit issued two decisions that resolved Contract Disputes Act, or CDA, jurisdictional challenges in contractors’ favor, rejecting government attempts to use procedural technicalities to avoid the merits of a dispute. This article summarizes the decisions, Secretary of the Army v. Kellogg Brown & Root Services Inc.,[1] and Hejran Hejrat Co. Ltd v. U.S. Army Corps. Of Engineers,[2] and their implications.

Kellogg Brown & Root Services: Prior Material Breach Is an Affirmative Defense That Does Not Require Claim Submission

The Kellogg Brown & Root Services decision arose as part...

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