ARTICLE · 14 OCTOBER 2024

Five Lessons From Framaco Litigation: How Construction Contractors Can Best Position Themselves Before Filing Claims

Wiley Rein

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A string of recent decisions issued by the Civilian Board of Contract Appeals (CBCA) provide helpful reminders for construction contractors that have encountered difficulties in performance...

United StatesGovernment, Public Sector

Cara L. Sizemore

A string of recent decisions issued by the Civilian Board of Contract Appeals (CBCA) provide helpful reminders for construction contractors that have encountered difficulties in performance and are seeking relief from the Government. These decisions all relate to a contract issued to Framaco International Inc. to construct the New Embassy Compound in Papua New Guinea. In more than 100 appeals, Framaco sought to recover for various changes and delays. The CBCA granted some of the appeals and denied others—the board has issued 11 merits decisions this year alone—while the parties settled several more.

Contractors would be well served to look past the volume of claims and their relatively small dollar values to focus on the underlying disputes. There are at least five lessons to take from them:

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