Following up on our past articles,1 in this BRIEFING PAPER we summarize notable Contract Disputes Act (CDA) decisions by the courts and boards of contract appeals from the second half of 2021. With holdings both timeless and at times novel, we draw inspiration from similarly unforgettable lines from classic cinema. "Fasten your seatbelts. It's going to be a bumpy [and detailed case law summary]."
The existence of an implied-in-fact contract is difficult to prove, and contractors would do well to remember that trying to imply a contract in the absence of a formal written agreement is "risky business." Two recent cases make this point and left disappointed contractors in their wake.
In Intellicheck, Inc., 2 the Armed Services Board of Contract Appeals (ASBCA) ruled that an agency's inaction could not constitute acceptance of an offer to form a contract. A federal government subcontractor argued it formed an implied-in-fact contract with the Navy to store and maintain government property until the Navy provided disposal instructions. The task order in question ended on September 6, 2012, and the prime contractor filed a claim against the Navy to recover additional costs incurred during performance on September 23, 2013. The prime contractor and the Navy reached a settlement on August 22, 2014, and the settlement included a release of all subcontractor costs. In April 2015, the...
KEY EVENTS FIMI narratives downplayed Russia’s unease over Ukrainian drone strikes Victory Day served as a pretext to refresh ‘Nazi Ukraine’ claims Pro-Kremlin outlets sought to deflect attention...