Presented by the Federal Circuit Bar Association® (FCBA).

Summary:  In two recent cases, the U.S. Court of Appeals for the Federal Circuit has addressed important issues relevant to the adjudication of Contract Disputes Act (CDA) claims, with implications for future cases.  In ECC International Constructors, LLC v. Secretary of the Army (Fed. Cir. 21-2323), issued on August 22, 2023, the Court held that the “sum certain” requirement for CDA claims is not jurisdictional and although a defense challenging the lack of a sum certain remains viable, it may be forfeited if not timely raised.  And on June 6, 2023, in Department of Transportation v. Eagle Peak Rock & Paving, Inc. (Fed. Cir. No. 2021-1837), the Court confirmed that a Contracting Officer’s (CO) final decision on a claim is subject to de novo review and clarified that the CO’s subjective views are not relevant to the appeal.  Both cases may have practical consequences for how CDA cases are litigated and resolved. 

In this webinar, an expert panel of practitioners will discuss the Federal Circuit’s opinions in ECC and Eagle Peak and address their implications for litigants in future CDA cases.  The panel will also offer practical insights on the adjudication of claims and disputes under the CDA in light of recent Federal Circuit cases.

Global Series 2023, part of an on-going dialogue, addresses topics of global significance at a senior level of discussion. Working closely with government representatives, adjudicators, corporate leaders, litigation leaders, academics, and others in the global community, the Series responds, in real time, to emerging challenges.

Presented by Federal Circuit Bar Association.