A Legal Affair To Remember Claims Cases And Lessons Learned In The Second Half Of 2021

This Briefing Paper summarizes notable Contract Disputes Act (CDA) decisions in the second half of 2021, providing key lessons for contractors.

1. Implied-in-fact contracts are difficult to prove, and contractors should ensure written agreements are in place. In Intellicheck, Inc. and 6601 Dorchester Investment Group, LLC v. United States, the contractors failed to prove implied contracts with the government, highlighting the importance of clear documentation
2. Contractors need to be aware of the CDA's six-year statute of limitations. In BNN Logistics, Triple Canopy, Inc. v. Secretary of the Air Force, and Globe Trailer Manufacturing, Inc., the statute of limitations proved critical in determining claim accrual.
3. Meeting the CDA's presentment requirement can be challenging when claims evolve through litigation. In ACC Construction Co., Anthony & Gordon Construction Co., and Tolliver Group, Inc. v. United States, the courts explored complexities of the presentment rule, emphasizing the importance of understanding when a new claim should be submitted to the contracting officer.