Two years ago, we walked through the basics of Public Assistance (PA) arbitration before the Civilian Board of Contract Appeals (CBCA) in FEMA Public Assistance Arbitrations at the CBCA. Since then, FEMA has been operating under real strain: a large backlog of pending disaster declarations, an Office of the Secretary of Homeland Security review
A federal judge in Massachusetts recently ordered the Department of Defense (DoD) to pay $450,447 in attorneys’ fees to the Association of American Universities (AAU), after finding that DoD’s now-defunct “Rate Cap Policy” was not just unlawful, but never substantially justified in the first place. The August 5, 2026, ruling in Association of American Universities
For federal subcontractors, a prime contractor’s failure to pay or consistent pattern of late payments can quickly become a serious cash-flow problem. However, federal subcontractors typically have several avenues for recovering amounts owed. The right strategy depends heavily on the type of federal contract, the subcontract, whether the government has already paid the prime contractor
In ACC Construction Co., Inc., ASBCA Nos. 63528, 64067 (July 16, 2026), the Armed Services Board of Contract Appeals held that payment estimates withholding liquidated damages are not contracting officer final decisions — and do not start the Contract Disputes Act’s 90-day appeal clock — unless a properly authorized contracting officer signs them
Government contractors pursuing complex delay claims got a helpful reminder from the Armed Services Board of Contract Appeals (ASBCA) this month in the case of Bahadir Construction Engineering Contracting & Trading Inc. Co. & Impreza Costruzioni Giuseppe Maltauro S.p.A. Joint Venture, ASBCA Nos. 64038, 64336, 64428 (July 16, 2026): A claim does not
Federal contractors frequently encounter circumstances that increase costs, delay performance, or otherwise impact contract obligations. Changes in government requirements, differing site conditions, defective specifications, government-caused delays, and other unforeseen events can create significant financial and operational consequences. When these issues arise, contractors generally have two primary mechanisms for seeking relief: a Request for Equitable Adjustment
In a sweeping and unprecedented enforcement action, the Small Business Administration (SBA) has dramatically escalated its oversight of the 8(a) Business Development Program — reportedly leaving more than 1,000 small businesses suddenly sidelined and raising serious questions about procedural protections and appeal rights.
In December 2025, SBA issued a blanket
Recent reports and contractor experiences suggest that the U.S. Agency for International Development (USAID) has, in some instances, failed to timely pay contractors for work that has already been performed and accepted. While payment delays are not unprecedented in federal contracting, prolonged or systemic nonpayment raises serious legal and practical concerns — particularly for contractors
The U.S. District Court for the District of Columbia recently issued a significant ruling in City of Saint Paul, Minnesota, et al. v. Christopher Wright, addressing constitutional constraints on executive agency conduct in the context of federal grant terminations. The decision — issued by Judge Amit P. Mehta — saw the court enter judgment
As 2025 draws to a close, both the Armed Services Board of Contract Appeals (ASBCA) and the Civilian Board of Contract Appeals (CBCA) have released their annual reports for fiscal year 2025. Together, these reports offer valuable insights into contract dispute trends, case outcomes, use of alternative dispute resolution (ADR), and broader developments practitioners and