Latest Analysis
September 1, 2026
A termination for default based on failure to make progress is a mid-performance prediction: the contracting officer concludes, before the completion date arrives, that the contractor…
Latest Note
July 8, 2026
The Federal Circuit’s decision in Hamp’s Construction LLC v. Secretary of the Army, in which the court affirmed an Armed Services Board of Contract Appeals denial…
Latest Alert
June 17, 2026
Section 875 of the FY 2026 National Defense Authorization Act required the Department of Defense to revise the DFARS by June 16, 2026, to establish procedures…
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Analysis
Mark G. Jackson and Stowell Holcomb / September 1, 2026
A termination for default based on failure to make progress is a mid-performance prediction: the contracting officer concludes, before the completion date arrives, that the contractor cannot finish on time. Under Lisbon…
Note
Charles M. Olmsted / July 8, 2026
The Federal Circuit’s decision in Hamp’s Construction LLC v. Secretary of the Army, in which the court affirmed an Armed Services Board of Contract Appeals denial of a Type I differing site…
Note
Charles M. Olmsted / June 28, 2026
In Jaxon Construction, Inc., ASBCA No. 64432 (June 24, 2026)(Rule 12.2, nonprecedential), the ASBCA converted a termination for default to a convenience termination, holding that the government failed to carry its burden…
Note
Justin D. Haselden / June 23, 2026
The Fiscal Year 2025 National Defense Authorization Act overhauled the AFCA, increasing maximum liability to $1 million per claim and tapping the Boards of Contract Appeals to provide presiding officers for any…
Alert
Jackson Holcomb LLP / May 23, 2026
The U.S. Court of Appeals for the Federal Circuit has affirmed the default termination of a VA contract for HVAC and asbestos abatement work, holding that the contractor failed to establish excusable…
Note
Justin D. Haselden / April 15, 2026
The DOJ's $17 million settlement with IBM — the first resolution under the Civil Rights Fraud Initiative — is the opening salvo of an active prosecution strategy using False Claims Act enforcement…
Alert
Jackson Holcomb LLP / March 14, 2026
The Armed Services Board of Contract Appeals denied the government's motion to dismiss DSME Construction Co., Ltd. but imposed lesser sanctions after appellant's briefing included citations to non-existent cases generated by artificial…
Alert
Jackson Holcomb LLP / January 23, 2026
The Armed Services Board of Contract Appeals has held that termination-for-convenience costs incurred after a stop-work order — including subcontractor termination fees and operating costs reasonably continuing during the stop-work period —…