August 14, 2014 Leave a comment
One of the attorney-authors’ clients, a Kuwait-based contractor, recently received a favorable legal decision from the Armed Services Board of Contract Appeals (“Board”). The decision is posted here.
The Board’s decision denied a summary judgment motion by the United States Government (USG) which had sought to dismiss our client’s legal claim for negligent estimates. The decision allowed our client’s negligent estimate claim and our client’s own (pending) motion for summary judgment to proceed.
For contractors generally, the decision has expanded the types of contracts the Board recognizes to be subject to a negligent estimate claim. If you are a contractor to the USG and believe the USG’s estimates in your contract were unreasonable and financially harmed you, you should be aware of your legal rights. A contractor-rights attorney could review your particular situation and contract to see if a viable legal claim is available.
More information about our client’s case and decision is below.