Lessons From CDA Statute Of Limitations Disputes

Law360, New York (July 18, 2012, 1:03 PM EDT) -- The Armed Services Board of Contract Appeals' recent decision in Appeal of TMS Envirocon Inc., ASBCA No. 57286, once again put the Contract Disputes Act's six-year statute of limitations into the spotlight. The decision, which held that the contractor had "failed to act diligently in preserving its contract claim rights" by failing to submit a certified claim within six years of accrual, is one of several recent decisions in which the board, and the Court of Federal Claims, have analyzed the timeliness of government and contractor claims. The recurring nature of these statute of limitations disputes provides a reminder to contractors to remain vigilant in protecting their right to assert claims under the CDA — and vigilant in defense of potentially untimely government claims....

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