When Is A 'Defense' A 'Claim'?

Law360, New York (October 18, 2010, 2:16 PM EDT) -- On June 17, 2010, the United States Court of Appeals for the Federal Circuit issued a decision that is likely to add uncertainty to the law regarding when a contractor can present defenses to a government claim or must submit a contractor claim and obtain a Contracting Officer Final Decision pursuant to the Contract Disputes Act (CDA), 41 U.S.C. ยง 601 et seq., in order to raise possible defenses to the government claim.

In M. Maropakis Carpentry Inc. v. United States, No. 2009-5024, Maropakis entered into...
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