Boards of Contract Appeals

Armed Services Board of Contract Appeals

The Armed Services Board of Contract Appeals (“ASBCA”) is an administrative tribunal within the United States Government that hears certain claims arising from contract disputes between government contractors and either the Department of Defense or the National Aeronautics and Space Administration (“NASA”). ASBCA’s jurisdiction overlaps as concurrent jurisdiction with the United States Court of Federal Claims under the Contract Disputes Act of 1978. The United States Court of Appeals for the Federal Circuit is the appellate court with jurisdiction over decisions of the ASBCA involving Government contract disputes.

Generally, the ASBCA acts as the first level of appeal after the Department of Defense or NASA denies a claim, request for equitable adjustment, change order, or some other dispute that arises during construction projects with the federal government. The ASBCA handles issues ranging from terminations for default and delay claims to bid solicitation issues. As a matter of judicial philosophy, the ASBCA encourages parties to attempt to negotiate a resolution of their dispute.

The attorneys and counselors of Shields | Mott have perience handling matters before the ASBCA on behalf of general contractors. That includes invoking the ABCSA’s jurisdiction engaging in mediation and other alternative dispute resolution that the ASBCA offers with the contracting officers involved with the claims, and taking the matters to trial before ASBCA officers and tribunals, and even appeals.

Civilian Board of Contract Appeals

The Civilian Board of Contract Appeals (CBCA) is an independent tribunal housed within the General Services Administration. The CBCA presides over various disputes involving Federal executive branch agencies. Its primary responsibility is to resolve contract disputes between government contractors and agencies under the Contract Disputes Act. The newly-formed CBCA consolidated into one organization the functions of eight boards of contract appeals – those of the Departments of Agriculture, Energy, Housing and Urban Development, Interior, Labor, Transportation, and Veterans Affairs, and the General Services Administration.  The decisions of the predecessor boards continue as binding precedent at the CBCA.