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CBCA’s FY 2023 Report – Examining the Numbers

Client Alert | 1 min read | 01.05.24

The Civilian Board of Contract Appeals (CBCA) recently published its Annual Report for FY 2023, providing statistics regarding the adjudication of appeals between contractors and civilian agencies such as the Department of State, the Department of Veterans Affairs, the General Services Administration, the Department of Transportation, the Department of Agriculture, the Department of the Interior, and the Central Intelligence Agency. According to this year’s report, contractors prevailed in 45% of the appeals decided on the merits, which is much higher than the 21% success rate in 2022. The report also shows that the CBCA’s alternative dispute resolution (ADR) program remains successful—resolving 70% of appeals for which the parties completed ADR. All of this came in the context of a substantial jump in the number of appeals, with 246 new appeals docketed in 2023 compared to 177 in 2022 and 185 in 2021. Click here to view the full CBCA report.

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Client Alert | 4 min read | 08.13.26

Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach

English law has long treated the choice between terminating for repudiatory breach and exercising a contractual termination right as consequential. Under the Financings[1] causation principle, a party exercising a contractual right for a non-repudiatory breach could recover losses accrued to the date of termination — but nothing more. Loss of bargain was out of reach unless the breach went to the root of the contract. A practical workaround, confirmed in Lombard,[2] was to designate the relevant obligation as a condition, elevating any breach to repudiatory status, but that device carries significant strategic risk if the termination is later found to have been wrongful....

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