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 | 2 min read | 11.20.24
In Fortis Industries, Inc., CBCA 7967 (Sept. 18, 2024), the Civilian Board of Contract Appeals (CBCA) denied in part the government’s motion for partial summary judgment on the issue of whether the contractor released its claims by signing a modification terminating the contract for convenience. During contract performance, the General Services Administration (GSA) imposed monthly deductions to contract payments as a response to certain performance issues. GSA later proposed to terminate the contract for convenience and sent a contract modification stating that all obligations under the contract were concluded except payment for work performed in June 2022. The contractor signed the modification but stated in its transmittal email that it was owed payment for services in May 2022 as well.
Client Alert | 3 min read | 11.19.24
Client Alert | 2 min read | 11.14.24
