February 9, 2004

FEDERAL CIRCUIT COURT OVERTURNS ASBCA AWARD FOR LACK OF JURISDICTION

United States Court of Appeals for the Federal Circuit

This case involves a contract for security services, but is instructive to construction contractors appealing contracting officer decisions pursuant to the Contract Disputes Act. In this case, the Western Division of the Naval Facilities Engineering Command (NAVFAC) terminated the Swanson Group, Inc. (Swanson) for default, which was later converted to a termination for convenience. The Armed Services Board of Contract Appeals had awarded a termination settlement to the contractor, that was vacated for lack of jurisdiction by the US Court of Appeals for the Federal Circuit.

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