The Most Important Government Contracts Disputes Of 2023

In 2023, the US Court of Appeals for the Federal Circuit set important new jurisdictional precedent regarding the “sum certain” requirement in Contract Disputes Act claims that will impact how Government contracts cases are litigated, and will likely have reverberations for other jurisdictional decisions moving forward. At the Boards of Contract Appeals, the Armed Services Board of Contract Appeals provided grounds for contractors to challenge the statute of limitations timing of the Government’s cost claims following an audit, and the Civilian Board of Contract Appeals clarified that certain clauses can give the Government audit rights to fixed-price portions of a Government contract, even when the contractor was not obligated to submit certified cost or pricing data.

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About Steven Masiello

Steven M. Masiello is the chair of the US Government Contracts practice and a leader of the firm's Global Government Contracts and Procurement group. Masiello serves as lead counsel in complex government contract matters across numerous industry segments concerning state, federal, and foreign military funded transactions in the US courts, agency boards and under domestic and international alternative dispute resolution procedures.

About Phillip Seckman

Phillip Seckman represents clients concerning government and commercial contract matters. His practice spans a broad range of subjects related to federal procurement law, state and local procurement law, and complex federal regulatory issues. He concentrates his practice in the areas of commercial item acquisitions, GSA schedule contracting, cybersecurity, compliance, internal investigations, and bid protests (both federal and state). A significant component of his practice involves government contract cost allowability, proper cost accounting, and contract cost and pricing issues.

About Gale Monahan

Gale Monahan is a partner in the Firm’s Government Contracts practice where he focuses on government contracts counseling, litigation and internal and government investigations. Gale's counseling practice focuses primarily on cost and pricing, the Cost Accounting Standards (CAS), termination, business systems, domestic preference, and international government contracting issues.

About Caroline Colpoys

Caroline is a member of Dentons’ US Government Contracts Practice. Her legal practice focuses on all aspects of government contract counseling and litigation. Caroline litigates contract disputes and bid protests; counsels on cost and pricing and other statutory, regulatory, and contractual obligations; conducts internal investigations to address compliance-related concerns; and advises government contracts clients undergoing corporate transactions.