Archives: Terminations

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The ASBCA Imposes Conditions on Raising Excusable Delay as an Affirmative Defense to Default Termination

A recent decision by the Armed Services Board of Contract Appeals underscores the importance of timely filing a certified claim for excusable delay, and the risks of failing to do so. In ECC CENTCOM Constructors, Inc. (September 4, 2018), the ASBCA denied a construction contractor’s appeal from a termination for default. Critical to that ruling… Continue Reading

Threats, Coercion, and Duress — the Limits of Government Power and the Unenforceability of Certain Contractual Releases

Even though it sometimes seems otherwise, there are limits to the Government’s authority when it comes to enforcing a contractual release. As the following decision demonstrates, this is especially so when a contractor’s personal residence is on the line. In North American Landscaping, Construction, and Dredge, Co., Inc. (“NALCO”), ASBCA Nos. 60235 et al. Continue Reading

Termination for Convenience: File on Time and Document Your Costs

Last month, the Armed Services Board of Contract Appeals issued two decisions involving terminations for convenience.  Both decisions are instructive regarding how contractors should anticipate contractual and regulatory requirements regarding termination for convenience, in order to maximize likelihood for a full recovery of incurred costs. The first case, Black Bear Construction Co., ASBCA No. 61181,… Continue Reading
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