1. Home
  2. |Insights
  3. |Who Knew? Limitations Defense Kept in Play Against U.S.

Who Knew? Limitations Defense Kept in Play Against U.S.

Client Alert | 1 min read | 07.23.12

In Sikorsky Aircraft Corp. v. U.S., the Court of Federal Claims found there to be triable issues of fact  with regard to  the contractor's statute of limitations defense as to when the government's claim accrued, i.e., when the government "knew or should have known" of alleged CAS 418 noncompliance. This case follows a series of similar recent cases at the CFC and the ASBCA and raises the issue of who in the government needs to have notice of a claim for it to accrue -- a contracting officer or "other responsible actors" such as DCAA auditors -- a question the court declined to resolve "[a]t this early juncture" in the proceedings.


Insights

Client Alert | 7 min read | 01.05.26

Consideration of Artificial Intelligence in Arbitration Terms of Reference

As artificial intelligence (AI) continues to evolve and integrate into various aspects of legal practice, counsel and arbitral tribunals drawing up their Terms of Reference (TOR) establishing the terms of the dispute being referred to arbitration and also formulating their procedural orders should consider the implications of AI. This client alert highlights the importance of addressing AI in TOR negotiations and provides an overview of likely topics international arbitration practitioners can expect to treat in TORs and procedural orders....