Client Alerts & Newsletters

Inconsistent Statute of Limitations Decisions -- Or Not?


In The Boeing Co. (Jan. 6, 2012), the ASBCA dismissed a government claim on the ground that the CO’s final decision was barred by the statute of limitations because it was not issued within six years of the CO having knowledge of the existence and amount of the claim. In contrast, the Fifth Circuit a week later held in U.S. v. Renda Marine, Inc., that a government suit against a contractor to enforce a final decision that the contractor did not appeal was timely because it was brought within six years of the issuance of the final decision, even though the underlying cause of action arose more than six year before the litigation began, on the ground that what was at issue was the enforcement of the final decision, not the merits of the underlying claim, which the contractor had not contested.

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

Marc F. Efron
Retired Partner – Washington, D.C.

Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

View Desktop Site | Mobile Sitemap |

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

© Crowell & Moring LLP 2021
Attorney advertising - prior results do not guarantee a similar outcome.