A recent decision from the Armed Services Board of Contract Appeals (ASBCA) is a timely reminder that, when it comes to stop‑work orders, the clause the government actually invokes—not the one it later wishes it had—can be outcome‑determinative. In Wolverine Tube, Inc., ASBCA No. 63877 (Jan. 22, 2026), the Board rejected the Air Force’s attempt to retroactively recharacterize a stop‑work order and held that the order expired by its own terms after 90 days. Although the contractor did not obtain summary judgment on most of its claimed costs, the decision breaks new ground on how protest-related stop-work orders operate, what happens when they lapse, and how far the government can go in arguing that “stop work” really meant “stop incurring costs forever.”Continue Reading Stop-Work Means Stop Work (…Until It Doesn’t): Lessons from Wolverine Tube
Top Five Trends and Takeaways from the FY 2025 ASBCA and CBCA Annual Reports
As fiscal year (“FY”) 2025 closes, both the Armed Services Board of Contract Appeals (“ASBCA”) and Civilian Board of Contract Appeals (“CBCA”) released their annual reports. Together, the two reports provide a useful snapshot of case volumes, outcomes, agency trends, and procedural developments. We break down the findings and, most importantly, what they mean for contractors navigating claims and disputes in FY 2026.Continue Reading Top Five Trends and Takeaways from the FY 2025 ASBCA and CBCA Annual Reports
You 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 Damages
ASBCA Issues Annual Report, Providing Data on How Often Contractors Prevail
The Armed Services Board of Contract Appeals has issued its annual report for FY 2023, shedding light on how often contractor appeals reach a successful result, and what agencies are most frequently involved in contract litigation.Continue Reading ASBCA Issues Annual Report, Providing Data on How Often Contractors Prevail
Look 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
ASBCA Issues Important Ruling in “Contractor-on-the-Battlefield” Dispute
Earlier this month, the Armed Services Board of Contract Appeals held that the U.S. Army breached its contractual obligation to provide physical security to its principal logistical support contractor, KBR, during the height of the Iraq War. As a consequence, the Board found that KBR was entitled to be reimbursed for $44 million, plus interest, in costs that the Government had withheld from KBR relating to KBR’s and its subcontractors’ use of private security. A copy of the opinion is available here.
Continue Reading ASBCA Issues Important Ruling in “Contractor-on-the-Battlefield” Dispute
A Tale of Two Contract Releases: One for the Government, One for the Contractor
On the heels of our recent post offering key takeaways from recent release of claims decisions, the ASBCA and the CBCA have published another round of notable opinions regarding contract releases: Supply & Service Team GmbH, ASBCA No. 59630 and ServiTodo, LLC, CBCA 5524. Both decisions are important, albeit for different reasons. The ASBCA decision demonstrates how a release provision in a contract modification providing an equitable adjustment can bar the government from processing an administrative offset against a contractor. The CBCA decision illustrates the difficulties contractors face when attempting to minimize the impact of a broadly worded release of claims provision.
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CBCA Orders Government to File Complaint in Contractor’s Appeal of Government Claim
The Civilian Board of Contract Appeal’s recent decision in Muhammad v. Department of Justice provides another example of an Agency Board of Contract Appeals requiring the Government to file the complaint instead of the contractor—a growing trend which promotes more efficient appeals by helping to ensure that contractors are provided adequate notice of the basis of a Government claim when appealing a Contracting Officer’s final decision.
Continue Reading CBCA Orders Government to File Complaint in Contractor’s Appeal of Government Claim