By Kenneth S. Geller and Miriam R. Nemetz
Recently the Supreme Court granted certiorari in one case of potential interest to the business community. Amicus briefs in support of the petitioner are due on Friday, December 27, 2002, and amicus briefs in support of the respondent are due on Monday, January 27, 2003.
Public Concessions Contracts - Applicability of the Contract Disputes Act of 1978.
The Contract Disputes Act of 1978 ("CDA") applies to government contracts for "the procurement of services" or "the procurement of construction, alteration, repair or maintenance of real property." 41 U.S.C. § 602(a)(2)-(3). The CDA gives government contractors several important procedural and substantive rights, including the right to have any dispute resolved by a neutral arbiter (id. § 605(a)), to have disputes reviewed "de novo" (id. § 609(a)(3)), and to obtain interest from the government on any amount found due to them on their claims (id. § 611). Today, the Court granted certiorari
