Latest Analysis
August 11, 2026
Abuse of Discretion: A Maligned and Misunderstood Claim
Abuse of discretion may be one of the most misunderstood claims in federal government contracts law. Contractors and their counsel often treat it as a softened…
Insights.
Latest Note
July 8, 2026
Hamp’s Construction LLC v. Secretary of the Army: Silence is not Representation in Type I Differing Site Conditions Claims
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
DoD Misses Section 875 Deadline to Revise the DFARS — There are No Implementing Procedures for 5% Withholding.
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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Note
Charles M. Olmsted / July 8, 2026
Hamp’s Construction LLC v. Secretary of the Army: Silence is not Representation in Type I Differing Site Conditions Claims
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
ASBCA Converts Default to Convenience Termination Where Government Failed to Prove No Reasonable Likelihood of Completion on a Realistic Schedule
In Jaxon Construction, Inc., ASBCA No. 64432 (June 24, 2026)(Rule 12.2, nonprecedential), the ASBCA converted a termination for default to a convenience termination, holding that the government failed to carry its burden…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
Administrative False Claims Act Update – What to Know
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
Federal Circuit Affirms Default Termination in Sergent’s Mechanical Systems
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
DEI Enforcement Lands: The IBM Settlement, the Civil Rights Fraud Initiative, and FAR 52.222-26.
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
ASBCA Denies Government Motion to Dismiss in DSME Construction and Warns on AI-Generated Citations
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
ASBCA Holds Convenience-Termination Costs After Stop-Work Order Are Recoverable
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 —…