Fed. Circ. Opinion Relaxes Contract Disputes Act Jurisdiction

By Nathaniel Castellano (January 23, 2020, 4:24 PM EST) -- The decision of the U.S. Court of Appeals for the Federal Circuit in DAI Global LLC v. Administrator of the U.S. Agency for International Development,[1] provides a welcome step in the right direction toward simplifying the Contract Disputes Act's jurisdictional requirements, particularly with respect to claim certification.

DAI Global rejects a line of decisions followed by the various agency boards of contract appeals and some U.S. Court of Federal Claims judges holding that they lack jurisdiction where a certification defect is nontechnical or "the failure properly to certify in the first instance was fraudulent, in bad faith, or with reckless or...

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