Fed. Circ. Puts Contractors On Offense In Maropakis

Law360, New York (September 22, 2010, 1:58 PM EDT) -- A federal appeals court decision to nix a contractor's defense against a U.S. Navy claim for liquidated damages in a construction dispute will require contractors to do more legwork upfront in order to defend themselves in case their dispute ends up in court, according to attorneys.

In M. Maropakis Carpentry v. U.S., the U.S. Court of Appeals for the Federal Circuit said it did not have jurisdiction over a contractor's defense to a government claim because the contractor had not previously submitted the defense as a...
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