Client Alerts & Newsletters

Curing Claim Certification Defects No Longer Limited to Technical Defects

Jan.08.2020

In DAI Global, LLC, FKA Development Alternatives, Inc. v. U.S. (Dec. 27, 2019), the Federal Circuit reversed the Civilian Board of Contract Appeals’s dismissal of five defectively-certified claims for lack of jurisdiction. The Board had dismissed the claims because their certification bore no resemblance to the required statutory language, thereby rendering the claims unsalvageable. On appeal, the Federal Circuit focused on the plain language of the Contract Disputes Act in holding “that § 7103(b)(3) does not limit [certification] defects to those that are technical in nature nor does it limit a contractor’s right to correct a defect if the initial certification was made with ‘intentional, reckless, or negligent disregard for the applicable certification requirements.’” Although contractors should continue to be diligent in properly certifying their claims when appropriate, this decision eliminates the distinction between defective and technically-defective certifications for the purpose of perfecting jurisdiction.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Stephen J. McBrady
Partner – Washington, D.C.
Phone: +1 202.624.2547
Email: smcbrady@crowell.com

Nicole Owren-Wiest
Partner – Washington, D.C.
Phone: +1 202.624.2863
Email: nowrenwiest@crowell.com

Skye Mathieson
Counsel – Washington, D.C.
Phone: +1 202.624.2606
Email: smathieson@crowell.com

Michelle D. Coleman
Counsel – Washington, D.C.
Phone: +1 202.654.6708
Email: mcoleman@crowell.com

John Nakoneczny
Associate – Washington, D.C.
Phone: +1 202.624.2814
Email: jnakoneczny@crowell.com

Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

View Desktop Site | Mobile Sitemap

Contact | Subscribe | Terms of Use | Privacy Statement | Alumni

© Crowell & Moring LLP 2020
Attorney advertising - prior results do not guarantee a similar outcome.