Appeals Board Says BAE's Army Cost Dispute Is Timely

Law360 (March 3, 2021, 9:41 PM EST) -- The Armed Services Board of Contract Appeals has denied the U.S. Army's bid to toss BAE System's cost adjustment claims related to environmental conditions at an ammunition plant, saying a circuit court decision hadn't changed the law to make the appeal untimely.

A 2019 Federal Circuit decision that a contractor had implicitly made a claim under the Contract Disputes Act had not altered the law enough to make BAE Systems Ordnance Systems Inc.'s requests for equitable adjustment, or REAs, into CDA claims that the company missed the deadline to appeal, Administrative Judge J. Reid Prouty said in a Feb. 3 ruling released...

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