The Armed Services Board of Contract Appeals (the “ASBCA” or “Board”) recently rejected an unprecedented request from the U.S. Army Corps of Engineers (the “Corps”) to withhold publication of a Board decision on the merits in a construction delay appeal brought by KiewitPhelps. In a decision issued on June 25, 2026 (released publicly on July 16, 2026), the Board held that it was bound by the Freedom of Information Act (“FOIA”) and its own rules to publish the decision, and that the Corps had not demonstrated a basis for overcoming that requirement. This decision is noteworthy not only because the Board found no legal basis to suppress the opinion, but also because, as the Board observed, such a request had never before been directly presented to the Board.
Continue Reading ASBCA Denies Unprecedented Request to Keep Decision Out of Public ViewYou Can’t Always Get What You Want: ASBCA Channels Rolling Stones and Awards Contractor $4.9 Million in Delay Damages
A recent decision by the Armed Services Board of Contract Appeals found the Navy liable to a commercial crane manufacturer for delay damages. In Konecranes Nuclear Equip. & Servs., LLC, ASBCA No. 62797, 2024 WL 2698011 (May 7, 2024), the Board reiterated the age-old lesson—you have to read the contract—and provided guidance about how to calculate the delay damages. Beyond that, the Board found apparent inspiration for part of its holding in an unlikely source: a classic song by the Rolling Stones.
Continue Reading You Can’t Always Get What You Want: ASBCA Channels Rolling Stones and Awards Contractor $4.9 Million in Delay DamagesLook Before You Release — ASBCA Enforces Release of Claims to Contractor’s Detriment
A recent Armed Services Board of Contract Appeals decision serves as a timely reminder for contractors to carefully read and consider any release of claims before signing — especially when you may have otherwise-recoverable coronavirus-related cost increases.
Continue Reading Look Before You Release — ASBCA Enforces Release of Claims to Contractor’s Detriment