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. § 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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