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ARTICLE · 10 SEPTEMBER 2024

Know Your Rights: ASBCA Issues Two Important Reminders To Contractors

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The Armed Services Board of Contract Appeals (Board) recently issued notable reminders to contractors regarding its jurisdictional authority and the importance of timely filing claims.

United StatesReal Estate and Construction
Michelle D. Coleman
Michelle D. Coleman
Skye Mathieson
Skye Mathieson
John Nakoneczny
John Nakoneczny
Tyler Piper
Tyler Piper

The Armed Services Board of Contract Appeals (Board) recently issued notable reminders to contractors regarding its jurisdictional authority and the importance of timely filing claims. The Board explained in DSME Construction Co., Ltd., ASBCA 63878 (July 30, 2024), that it may retain jurisdiction over a dispute even when a different forum is listed in the contract. In Platinum Services., Inc., ASBCA No. 63878 (Aug. 1, 2024), the Board instructed contractors to be mindful of the CDA's statute of limitations period, even when seeking to amicably resolve a dispute.

In DSME Construction, the contract was for the provision of various maintenance services at two U.S. military bases in the Republic of Korea (ROK). Although the ROK funded the contract, a U.S. Contracting Officer (CO) executed it. The contract incorporated a unique disputes clause that required the contractor to appeal from a CO's Final Decision (COFD) to the Principal Assistant Responsible for Contracting,

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