CBCA Rules that Claims Discovered During Appeal Were Not Time-Barred

The Contract Disputes Act requires a contractor to present a claim to the contracting officer “within 6 years after the accrual of the claim.” 41 U.S.C. 7103(a)(4)(A). But a claim doesn’t typically accrue until the contractor should have known that it was damaged by the Government.

As discussed below, some legal claims might not arise until a contractor takes discovery in an appeal already before the Civilian Board of Contract Appeals.

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Don’t File an Appeal with CBCA Before Filing a Claim with the Contracting Officer

Let’s suppose that, under your contract, an agency hasn’t properly paid for your work. Or the agency took actions that caused you damages. Can you run off to the Civilian Board of Contract Appeals to register your complaint and recovery your money?

Yes . . . if you’ve taken an important preliminary step: filing a claim with the contracting officer.

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