Army Corps Can't End Dam Dispute Over Fraud Claim

Law360 (August 19, 2020, 8:45 PM EDT) -- The Armed Services Board of Contract Appeals has refused to toss a dispute over a U.S. Army Corps of Engineers dam repair contract, saying the Corps mistakenly argued the board lacked jurisdiction because of alleged fraud by the contractor.

The Corps had effectively sought to create a right for the government to unilaterally make contractors litigate their contract disputes before the Court of Federal Claims in its dispute with joint venture Mountain Movers/Ainsworth-Benning LLC over a requested adjustment to the repair deal, but lacked a legal basis to do so, Administrative Judge David D'Alessandris wrote in an Aug. 7 decision, released...

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