Guidance For Contractors On CDA Statute Of Limitations

Law360, New York (January 18, 2013, 12:20 PM EST) -- A newly released decision will help contractors resist stale government claims. The Armed Services Board of Contract Appeals (ASBCA) recently held that a contractor's pre-audit correspondence with the government, including annual cost submissions, were enough to demonstrate that the government knew, or should have known, the facts necessary to assert a claim under the Contract Disputes Act. Raytheon Co., ASBCA Nos. 57576, 57679 (Dec. 17, 2012) (released Jan. 15, 2013). Accordingly, the board held that parts of the government claim were untimely under the CDA's statute of limitations and dismissed those portions of the claim for lack of jurisdiction.

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