Delay No Defense For Air Force In $143.5M Lockheed Dispute

Law360 (July 8, 2021, 6:09 PM EDT) -- The Armed Services Board of Contract Appeals won't let the Air Force use unreasonable delay as a defense to Lockheed Martin's claim for $143.5 million in additional contractual expenses, saying a legislative statute of limitations bars that argument.

The Air Force could not assert an affirmative defense of laches against Lockheed Martin Aeronautics Co.'s claim for expenses related to allegedly excessive extra work on a deal to upgrade C-5 Galaxy transport aircraft because Lockheed had six years under the Contract Disputes Act, or CDA, to file a claim and had acted within that time limit, Administrative Judge Reba Page said in a...

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